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(영문) 서울고등법원 2017.12.15 2017노2003

준강간

Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. In other words, misunderstanding of facts and legal principles, the Defendant came to kis with the victim and E while being in contact with the victim and E, and entered the toilet with the victim and went to room again, and E does not go to the house, and therefore has a sexual relationship with the victim.

As such, the victim was not in a state of mental or physical loss or impossibility of resistance, and the Defendant thought that the victim continued to respond to the Defendant’s act and had a sex relationship with the Defendant, and had the intent to quasi-rape.

Although it cannot be seen, the judgment of the court below which found the Defendant guilty of the facts charged of this case is erroneous in the misapprehension of facts and legal principles.

B. The punishment sentenced by the lower court (two years and six months of imprisonment) is too unreasonable.

2. Determination:

A. In full view of the following circumstances acknowledged by the evidence duly admitted and investigated by the lower court by misapprehending the facts and legal doctrine, the Defendant, while recognizing that the victim was physically and physically deprived or imprisoned at the time of committing the instant crime, can sufficiently recognize the fact of having sexual intercourse with the victim with the intent of quasi-rape, with the awareness that the victim was in a state of physical

The judgment of the court below is just and acceptable, and there is an error of misunderstanding of facts and misunderstanding of legal principles as alleged by the defendant.

Therefore, the defendant's above assertion is without merit.

The victim is one disease in the amount of the usual drinking, and the degree of two illness in the small drinking drinking at the time is dnick.

Although the defendant and E got a taxi in and near the house, the victim was not able to speak properly, and the victim was trying to be able to go to the mother, but the victim was not able to get the body too much.

The victim was under the influence of alcohol when entering the telecom, and the victim first enters the telecom and it has not been long after the victim entered the telecom, and the defendant was into the telecom.