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(영문) 광주고등법원 2016.10.27 2016노237

강도상해등

Text

The judgment below

The part of the defendant D against the defendant is reversed.

Defendant

D. A person shall be punished by imprisonment for a term of three years.

, however, the defendant.

Reasons

Summary of Grounds for Appeal

A. The defendant and the respondent for the attachment order (hereinafter referred to as the "defendant") are as follows: (a) misunderstanding of facts or misunderstanding of legal principles; (b) as stated in paragraph (1) of the facts constituting a crime in the judgment of the court below, the defendant does not rape the victim; and (c) have sexual intercourse with the victim's consent.

The judgment of the court below which convicted this part of the facts charged is erroneous in the misapprehension of legal principles and thereby affecting the conclusion of the judgment.

(2) The defendant did not commit an indecent act by force as stated in the crime No. 7 of the judgment below.

The judgment of the court below which convicted this part of the facts charged is erroneous in the misapprehension of legal principles and thereby affecting the conclusion of the judgment.

B) The sentence of unfair sentencing (five years of imprisonment, 40 hours of order) of the court below is unfair because it is too unreasonable. (2) In misunderstanding of facts or misunderstanding of legal principles as stated in paragraph (1) of the crime in the judgment of the court below, the defendant did not rape the victim, but paid compensation, and was sexually related under an agreement with the victim's consent. The judgment of the court below which convicted this part of the charge is erroneous in the misapprehension of facts or misunderstanding of legal principles, which affected the conclusion of the judgment. (2) The judgment of the court below which convicted the defendant of this part of the charge is not the act of similarity and rape of the victim as stated in Articles 5 and 6 of the crime in the judgment of the court below, but it was made under an agreement with the victim's consent. The judgment of the court below which convicted the defendant of this part of the charge was erroneous by misunderstanding of facts or misunderstanding of legal principles, which affected the conclusion of the judgment. (

B. Defendant C1’s mistake of facts and misapprehension of legal principles did not directly participate in assault and intimidation in relation to the crime stated in paragraph (2) of the crime committed in the judgment of the court below, and others.