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(영문) 부산고등법원 2021.01.13 2020노553

강간상해등

Text

The judgment below

The guilty part (including the acquittal part of the reasons) shall be reversed.

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

Reasons

1. Summary of grounds for appeal;

A. The summary of the lower judgment: (a) The Defendant found the victim H (a) who used to commit indecent act in a manner that leads the victim C (a 23 years of age) to take the victim’s hands before the victim’s house at night; (b) discovered the victim’s shoulder, arms, and scambling (voluntary indecent act); and (c) found the victim’s Ha (a 24 years of age), who used to take the route for the future, led the victim to a parking lot for about 21 days, and instead found the victim’s face “on hand,” and found the victim guilty of the charge of sexual assault (a 6 years of age) on the ground that the victim’s she attempted to rape with the victim’s scambling, etc., which is necessary for treatment; (b) was sentenced to imprisonment with prison labor for not less than 3 years; and (c) was found guilty on the ground that the victim’s Ha was not subject to restriction on employment; and (iii) was found guilty on the ground that the victim’s she was not guilty.

B. Under the scope of this court’s trial, the Defendant appealed from the judgment of the court below on the ground that sentencing on the guilty part of the judgment of the court below was unfair, on the grounds that the prosecutor misleads the facts about the acquittal part of the reasons of the judgment of the court below, and the sentencing on the guilty part was unfair. The dismissal part of

(c)

The summary of the grounds for appeal 1) 1) misunderstanding the prosecutor 2) 2) misunderstanding the above-mentioned part, according to evidence, although the defendant could sufficiently recognize the face of the victim H when “the victim H” is “the court below made only “one time”.

Recognizing and not guilty of the reasoning, the part "contest" has been found to be erroneous and adversely affected by the judgment.

B) The lower court erred in sentencing.