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(영문) 부산고등법원 2015.01.21 2014노473

성폭력범죄의처벌등에관한특례법위반(강간등상해)등

Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for three years.

The District Prosecutors' Office of Ulsan District Prosecutors' Office, 2014, which was seized, shall be pressured in 2014.

Reasons

1. Summary of the grounds for appeal;

A. The judgment of the court below which found the victim C guilty of the violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (Rape, etc.) although the degree of injury suffered by the victim C is minor and cannot be seen as an injury in the crime of rape, the court below erred by misapprehending the legal principles or by misapprehending the legal principles, which affected the conclusion of the judgment.

B. Under the influence of alcohol at the time of each of the instant crimes, the Defendant was in a state with weak capacity to discern things or make decisions.

2. Determination

A. Determination of mistake and misapprehension of legal principles regarding the assertion of mistake of facts) The defendant in this part of the facts charged is that the victim C (the 24 years of age) living on the second floor of the single house in which the defendant was living together with the defendant's house is living in a short clothes such as half-burine, etc., and had the victim induced into the victim's residence for rape. At around 04:10 on August 7, 2010, the defendant: (a) opened a kitchen door which was not corrected when the victim was living in the second floor of the single house located in Ulsanbuk-gu, Ulsan-gu; (b) opened a kitchen door which was not corrected in the victim's residence; and (c) opened the victim's eye with his eye, her snow, and prepared in advance with another hand to prevent the victim from suffering with his eye, and (d) took a dangerous thing (the victim's eye 210 meters in length, she can see the victim's face, such as the victim's escape, and throw away the victim' face."