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(영문) 대구고등법원 2016.05.16 2015노671

강간치상

Text

1. The judgment below is reversed.

2. The defendant shall be punished by imprisonment for three years;

3.Provided, That the period of four years from the date this judgment became final and conclusive shall be the same.

Reasons

1. The summary of the grounds for appeal (4 years of imprisonment) of the lower court is too unreasonable because it is too unreasonable (the Defendant only has sexual intercourse with the victim on the first trial date of the first trial of the first instance court, and the Defendant withdrawn his assertion of mistake that there was no fact of rape by assaulting or threatening the victim). 2. The instant crime was committed on the grounds that the Defendant, whose nationality is lebbistististististan, had accessed the victim of the same nationality as if he introduced the job to the victim of the same nationality and induced the victim to commit rape and to inflict bodily injury in the course of the crime.

As a result, the victim seems to have caused a great humiliation and sexual humiliation.

Nevertheless, the Defendant alleged that he was sexually in accordance with the agreement from the police to the original trial, and that the victim was satise and was not guilty. Accordingly, the Defendant appeared in the original trial to re-statement on the facts of damage, etc.

Although the court below presented a letter of agreement with the victim at the court below, in light of the victim's legal statement at the court below, it seems that the victim did not comply with the victim's intimidation.

In 2013, the defendant has been punished for a fine due to forced indecent act.

On the other hand, the injury suffered by the victim during the crime of this case is not so significant.

Defendant did not have any criminal record other than the above fine, and all of the crimes were committed in the first instance, and reflects the mistake.

The victim submitted a notarized application and the chief of the withdrawal of the complaint to the maximum extent possible because the victim received the apology from the defendant with a petition from the defendant under the attendance of the interpreter in the trial of the party.

The defendant is the most likely to support his or her wife in his or her home country and his or her father and wife.

In addition to these circumstances, the Defendant’s age, sex, environment, and age.