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(영문) 서울고등법원 2016.03.22 2015노2074

강간미수

Text

The judgment of the court below is reversed.

The defendant shall be innocent.

Reasons

The defendant, who is aware of the summary of the grounds for appeal, was provided with a similar act by the victim, and there was a fact that the victim's chest and her sexual organ were satisfed in the process, but there was no fact that he/she attempted to rape the victim.

At the time of the commencement of the Madro, the victim's statement is not consistent with the statement by reversing the statement in the court of the court below as to whether the defendant entered panty, and it is difficult to understand the part of the statement that the defendant did not panty but did not have the defendant's sexual organ.

At the time, the room that received Mali-gu was not a well-proof place, and the victim was able to hear if the victim was Mali-gu branch, etc. in the side. However, there was no assault by the defendant, such as the defendant's smuggling or facing the wall, if the victim was Mali-gu and the victim was Mali-gu.

Nevertheless, the judgment of the court below which found the Defendant guilty of the facts charged of this case is erroneous.

The punishment sentenced by the court below to the defendant (two years of suspended sentence for one year of imprisonment) is too unreasonable.

On June 18, 2014, the summary of the facts charged in this case as to the assertion of mistake of facts is as follows: (a) the Defendant, at the place of massage treatment in the f5th floor in Suwon-gu, Suwon-si, Suwon-si, the Defendant: (b) was going to the head of the f5th floor; (c) during the course of going to the head of the inner bed from the victim H (V, 25 years old); (d) the Defendant was going to the victim’s her her her her her her her her her her her her her her hers

E. T. M. T. T.

In spite of the provisions of this section, the victim's knife knife and knife the victim's knife knife was put into the lower part of the victim's knife with his knife.

Accordingly, in order to complete the massage after making a claim that the damaged person could not continue the massage from the place of marina, the owner of the horse can not continue the massage.