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(영문) 부산고등법원 2015.01.07 2014노551
강간상해등
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for three years.

Sexual assault, 80 hours against the defendant.

Reasons

1. The summary of the grounds for appeal [the defendant and the person to whom the attachment order was requested (hereinafter referred to as the “defendants”)]

[Attachment]

A. The judgment of the court below that found the defendant guilty of the facts charged in this case, although the defendant did not inflict an injury on the victims for the purpose of rape, is erroneous in the misapprehension of the facts which affected the judgment

B. At the time of the instant crime, the Defendant was in a state of weak ability to discern things or make decisions due to drinking.

C. The lower court’s sentence of unreasonable sentencing (five years of imprisonment, 80 hours of completing a sexual assault treatment program, 10 years of disclosure and notification, and 10 years of location tracking device) is too unreasonable.

2. Part of the defendant's case

A. According to the video images of CCTV taken by the court below and the court of first instance as to the assertion of mistake of facts, the following circumstances acknowledged by the evidence duly adopted and investigated by the victim's head, namely, the victim's head debt, walked the victim's DNA once, boomed the victim's victim's victim's head, boomed the victim's resistance, and boomed the victim's head over the floor, and boomed the victim's chest into the victim's E, the victim's chest was tried to put the victim's sexual organ into the part of the victim's sexual organ, boomed the victim's sexual organ, 3 times from the victim's sexual organ and 3 times from the victim's sexual organ, and the victim's statement was not made to the extent that the victim did not have any specific motive or experience, but did not have the defendant make a false statement to the extent that the victim's sexual organ was not made.

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