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(영문) 광주고등법원 (전주) 2018.06.05 2018노12

중감금치상등

Text

All appeals by the defendant and the prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. Defendant 1) The Defendant, who is guilty of the fact, only when he was her at a time, did so, and detained the victimized person by the means of her hair, or did not have any act of her head with a fire attached to the Hague press with a fire on the part of the injured person, such as the main disease, steel waste, etc., as stated in the facts of the crime in the judgment below.

There is no fact that the defendant had the victim catch the H’s sexual organ.

2) The sentence of the lower court’s unfair sentencing (one year and six months of imprisonment, three years of probation, 80 hours of community service order, and 30 hours of order to attend sexual assault treatment programs) is too unreasonable.

B. The Prosecutor’s sentence is too uneased and unreasonable.

The court below's exemption from disclosure and notification of personal information is unfair.

2. Determination

A. Judgment 1 on the Defendant’s assertion of mistake of fact 1) The Defendant argued to the same effect as the grounds for appeal in this part of the lower judgment, and the lower court rejected the Defendant’s assertion and found the Defendant guilty of this part of the facts charged on the grounds as follows.

(1) The victim made a concrete and consistent statement about the facts of damage, and in particular, it is assumed that the victim has made a specific and consistent statement about the fact of damage, and in particular, it would be considered that the victim has taken head satis using the Hague press and the satise, “the head satis”, “the head satise between the breast and the breast,” “the defendant taken satise one more fat,

I would like to send the sex of H to the next time.

‘The statement' that became a sexual organ is difficult to be expressed without direct experience.

② “The Defendant visited the victim, thereby taking the knives of the victim, taken the knives of the victim, taken the knives of the knives, taken the head into the knives of the knives and the knives, and

The Defendant made a statement to the effect that the Defendant would have the victim cut down with H’s sexual organ, and that the Defendant would have the victim cut down, and the content of the G’s statement is the victim’s statement.