강간상해
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for five years.
Sexual assault, 80 hours against the defendant.
1. Summary of grounds for appeal;
A. Defendant 1) Defendant 1’s wife suffered from the victim of a misunderstanding of facts-related law scenario is extremely minor and does not need treatment, and there was no difficulty in daily life even without receiving treatment, and there was no actual treatment. Therefore, the lower court’s judgment that said circumstance constitutes an injury to the crime of rape and injury is unreasonable. 2) The lower court’s imprisonment (four years of imprisonment) against the Defendant of unfair sentencing is too unreasonable.
B. The lower court’s sentence against the Defendant by the Prosecutor is too unhued and unreasonable.
2. Determination:
A. According to the evidence duly adopted and examined in the lower court’s determination on the argument of misunderstanding of facts, the victim may be found to have suffered flickly flock in the process of flicking the Defendant, and the Defendant suffered flickly flock in the process of putting the victim into forced flocks, etc.
If so, such injury constitutes a case where the victim's physical condition was changed in itself to a poor condition, and thereby, it constitutes a case where the victim's physical condition was caused by a disability in his/her living function.
Even if it is sufficient to view that the crime of rape injury constitutes injury, this part of the defendant's argument of misunderstanding of facts is without merit.
B. We examine the determination on the assertion of unfair sentencing between the two parties. The instant crime was immediately discovered after the six-year period prior to the date, and there are circumstances that may be considered in light of the circumstances, such as the fact that the Defendant’s health status is not good due to old age exceeding 60 years, most of the crimes are recognized, and the depth is against the Defendant, and the rape, which is a basic crime, was committed during the commission of the attempted rape.
However, the crime of this case is committed against the victim under the age of 12 who is 12 of the Defendant, who was her school life, had been induced as if her was a school life, had been induced to a nearby mountain, and her scams and scams.