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(영문) 서울고등법원 2013.07.04 2013노1421

강간치상

Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than one year and six months.

However, for three years from the date this judgment became final and conclusive.

Reasons

1. Summary of grounds for appeal;

A. The punishment sentenced by the lower court (a year and six months of imprisonment) is too unreasonable.

B. According to the evidence submitted by the prosecutor, such as the photograph of the victim’s body of injury, etc., the prosecutor 1 of the court below erred by misapprehending the legal principles on the injury resulting from rape, thereby finding the victim not guilty of this part of the facts charged. 2) The court below erred by misapprehending the legal principles on the injury resulting from rape, thereby adversely affecting the conclusion of the judgment.

2. Determination:

A. The lower court found the Defendant guilty of the injury resulting from rape on the ground that it is difficult to view that the injury of the Defendant’s act constitutes the injury of rape in light of the following circumstances: (a) the victim’s physical condition was changed to a bad condition; (b) the victim’s bodily function was damaged; (c) the victim’s bodily condition was extremely insignificant; (d) the victim’s bodily condition was not in need of medical treatment; and (e) the victim’s daily life was not impeded without medical treatment; and (e) the victim’s physical condition was naturally cured following the lapse of a day; and (e) whether the victim’s health condition was changed to a bad condition and caused a disability in his/her physical and mental condition should not be determined objectively and uniformly; and (e) the victim’s physical and mental condition should not be determined based on the victim’s age, gender, physical and mental condition; and (e) in light of the circumstances stated in its reasoning, it is difficult to

Therefore, the judgment of the court below and the trial court are legitimate.