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(영문) 광주고등법원 2015.10.29 2015노367
성폭력범죄의처벌등에관한특례법위반(특수강간)등
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for three years.

Sexual assault, 40 hours against the defendant.

Reasons

1. Summary of grounds for appeal;

A. Defendant 1) misunderstanding of facts and misapprehension of legal principles [the thief] assertion of mistake of facts and misunderstanding of legal principles (the thief] ① When the Defendant entered the victim’s house on November 29, 2014, the Defendant believed that the apartment number key of the victim was broken and that cash in the victim’s safe cremation was in danger of theft, and that there was a risk of theft. ② The Defendant informed the victim of the above facts, ③ the Defendant returned the said cash to the victim, and the Defendant returned the said cash to the victim. Nevertheless, since the lower court found the Defendant guilty of larceny among the facts charged against the Defendant, the lower court erred by misapprehending of facts and misapprehending of legal principles, which affected the conclusion of the judgment, and thus, is unreasonable.

B. It is unfair that the lower court’s punishment is too unfluent and unfair, and that the lower court exempted the Defendant from the disclosure and notification order, in the absence of special circumstances.

2. Determination

A. On November 29, 2014, the summary of the facts charged is as follows: (a) the Defendant attempted to divide the number height of the victim from the victim’s home located in North-gu I on November 29, 2014 on the ground that the victim would avoid his/her own, but attempted to have his/her own knick knick knick knick knick knick knick knick knick knick knick knick knick knick knick knick knick knick knick 820,00 won in cash owned by the victim in the safe cremation Sknish knick knick knick knick knick knick knick knick knick knick knick knick kn, and stolen it.

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