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(영문) 부산고등법원 2017.02.16 2016노717
성폭력범죄의처벌등에관한특례법위반(강간등상해)등
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. In other words, the Defendant did not commit any indecent act by force against the victim as stated in the pertinent facts charged, and even in the facts charged of rape and special rape, the Defendant did not commit any rape or rape with the victim and did not inflict any injury by committing rape.

Nevertheless, the lower court found the Defendant guilty of this part of the facts charged is a result of misapprehending the legal doctrine on coercion, indecent act, rape, etc.

B. At the time of each of the instant crimes, the Defendant was in a state of mental and physical loss or mental weakness, such as being drunk and being unable to memory at all.

(c)

The punishment of the lower court (five years of imprisonment, 80 hours of order to complete a sexual assault treatment program) is too unreasonable.

2. Determination

A. As to the assertion of misunderstanding of the facts or misapprehension of the legal doctrine, the lower court rejected the Defendant’s allegation on the ground that it is sufficient to acknowledge the credibility of the victim’s statement, and that there was sufficient evidence to acknowledge the Defendant guilty of the relevant facts charged as a result of the determination of evidence based on this, and that there was sufficient evidence to acknowledge the Defendant guilty of

Examining the evidence and records duly adopted and examined by the court below and the trial court, the court below's finding of facts and its measures accordingly are fully justified, and the testimony by W and U does not interfere with the above recognition. Thus, the above argument by the defendant is rejected.

B. As to the Defendant’s assertion of mental disorder, the Defendant did not have the ability to move things or make decisions due to drinking alcohol at the time of the instant crime, or did not have the ability to do so, in light of the pertinent argument and the record, the circumstance of the crime, the means and method of the crime, and the circumstances.

The decision is judged.

(c)

As to the unfair argument of sentencing, the sentencing as shown in the court below's sentencing review process.

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