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부산고등법원 (창원) 2013.05.31 2013노68

The judgment of the first instance is reversed.

The defendant shall be innocent.


1. Summary of grounds for appeal;

A. The Defendant, on July 25, 2012, from around 02:30 to around 06:30, the day of the instant case, was drinking E and alcohol at the main point of “D,” and the “H main point,” which is the scene of the instant crime, did not seem to have committed rape or inflicted injury on the Defendant.

B. Even if the defendant committed an offence, the punishment sentenced by the first instance court (five years of imprisonment, seven years of disclosure and notification) is too unreasonable.

2. Determination

A. The summary of the facts charged in the instant case is as follows: (a) around 04:50 on July 25, 2012, the Defendant found “D” main points in C with E and alcohol, and found “H main points operated by F in G during a studio while drinking in E and alcohol,” and expressed his desire to read “F who enters the studio in order to receive customers,” “I am dead, I am dead, I am dead, I am dead. I am am off with F’s face on his hand, and “I am a bitch, I am a bitch, I am a bitch, I am a bitch, I am a bitch, I am a son, I am am off, and I am am out of F’s desire to commit rape.”

At this time, F refers to “Winger .. Sheet” and “Wing off the studio,” and the Defendant was unable to get off the studio outside of the room, but F was attempted to flee to the right after spreading it, but in order to gather the above situation, F, who escaped from the later part of the said string line, fell under a retaining wall at a height of about 1.5 meters, resulting in an injury, such as a 10-day anti-surg and e-e-surging, which requires treatment.

B. The defendant of the first instance judgment also made the same assertion as the grounds for appeal in the first instance. The first instance judgment is the same.