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(영문) 서울고등법원 2018.10.11 2018노1965 (1)

성폭력범죄의처벌등에관한특례법위반(강간등상해)

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All appeals by the defendant and the prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. Defendant 1) The Defendant, such as misunderstanding the facts, did not scam the victim, and did not threaten the victim with the kitchen knife.

Nevertheless, the court below found the victim guilty of injury or special intimidation on the basis of the victim's statement that is not reliable. The court below erred by misunderstanding facts and misunderstanding of legal principles.

2) The lower court’s improper sentencing is too unreasonable.

B. Comprehensively taking account of the evidence presented by the Prosecutor 1, the court below found the Defendant not guilty of this part of the facts charged, which is erroneous in the misapprehension of facts, although the Defendant, carrying dangerous articles, tried to rape after assaulting the victim, attempted to commit an attempted crime, and sufficiently recognized the fact that the victim inflicted bodily injury.

2) Improper sentencing of the lower court is deemed unreasonable.

2. Determination

A. On February 17, 2018, the summary of this part of the facts charged (not guilty of the reasoning in the judgment of the court below) 1) the defendant tried to have the victim go beyond the upper part of the victim's upper part by having the victim go beyond the Defendant's upper part, and continued to refuse to go beyond the Defendant's upper part of the charges by stating that "on February 17, 2018, the defendant was off from the Defendant's residence, EM Fel, EM, which is the Defendant's residence, and 50 years old, the victim was about rape with the victim D (the 50 years old), while going to talk with the victim."

Therefore, the defendant is able to keep the victim by hand, so far as the victim is pushed up with the face of the bed while the victim is pushed up, and the victim faces the bed of the bed of the bed of the bed of the bed of the bed of the bed of the bed of the bed of the bed of the bed of the bed of the bed of the bed of the bed of the bed of the bed of the victim, and the bed of the bed of the bed of the bed of another hand.