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(영문) 대구고등법원 2015.02.05 2014노457

강간상해등

Text

Defendant

In addition, the appeal by the person who requested the attachment order is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The fact that the defendant and the person subject to a request for an attachment order (hereinafter “defendant”) with regard to the point of rape and injury and the part regarding the claim for the attachment order, are more defective and that the above victim’s handbs of the victim caused the above victim’s handbs of the victim by leading him/her, and there is no fact that the defendant attempted to rape as stated in this part of the charges.

Nevertheless, the court below found the defendant guilty of the injury caused by rape in this case and ordered the defendant to attach an electronic tracking device. The court below erred by misunderstanding the facts and affecting the conclusion of the judgment.

B. Even if the court below found the defendant guilty of injury by rape, the court below's imprisonment (two years and six months of imprisonment) is too unreasonable.

2. Determination

A. As to the assertion of mistake of facts, the court below held that: (a) the following circumstances acknowledged by its adopted evidence are not inconsistent with the victim’s statement; (b) the victim, from the investigative agency to the court of the court of the court below, led the victim; (c) the victim got out of his family; and (d) the victim again went out of his family because he escaped and escaped; and (c) the victim made a statement to the effect that “the victim was out of his family's clothes” to M et al., that “the victim was out of his family's body,” and that “the victim was out of his family's body, and went out of his family's body,” and that the above statement is not inconsistent with the victim’s above; (c) the victim was injured by the victim, such as the part and the degree of the victim's body, and that the victim was out of his family's body, and that the victim was out of his family's body and body, and that the victim was out of the victim's knife.