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(영문) 대구고등법원 2021.01.14 2020노389 (1)

특수중감금등

Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than three years and six months.

Sexual assault against the defendant for forty hours.

Reasons

Summary of Reasons for appeal

A. Although there is a fact that the Defendant, as a knife, was detained by threatening the victim with a knife, the Defendant had sexual intercourse under the agreement with the victim after the threat was terminated, and there is no fact of threatening the victim with a knife in the course of sexual intercourse.

Nevertheless, the lower court found the Defendant guilty of special confinement or special rape beyond a special confinement. In so doing, the lower court erred by misapprehending the facts, thereby adversely affecting the conclusion of the judgment.

B. The punishment sentenced by the lower court (five years of imprisonment, etc.) is too unreasonable.

In full view of the following facts and circumstances acknowledged by the evidence duly adopted and investigated by the lower court regarding the assertion of mistake, the lower court can fully recognize the fact that the Defendant, by intimidationing the victim in knife and committing cruel acts at the same time.

The court below is just in finding a guilty of all the facts charged of this case, and there is no error of law by mistake.

A. 1) The victim's consistency, specification, etc. of the victim's statement was removed from the defendant's house on the day of the instant case and visited and reported the case immediately to the court of the court below from the date of the original judgment to the court of the court below. The victim's defect that the defendant was in a situation where he paid money from the defendant's house and about to pay money from the defendant's house and the defendant attempted to do so is "one generation is less than one generation by the due date, less than one generation by the due date," and "Is down the death and death of the balone, etc.", and then hacks down from the back to the bed, and knifs down from the bed, at the bottom of the bed lease.

In other words, “the Defendant laid the knife on the side of the head in order to avoid tobacco, and opened a toilet window because the knife knife knife knife knife knife knife knife knife,” “the Defendant knife the knife with the knife knife knife knife knife,” and “the knife knife knife knife knife knife knife.”