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(영문) 대구고등법원 2015.06.11 2015노9
성폭력범죄의처벌등에관한특례법위반(강간등상해)등
Text

1. The part of the judgment below regarding the defendant's case shall be reversed.

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

3. Seized nets.

Reasons

1. Summary of grounds for appeal;

A. misunderstanding of facts or misunderstanding of legal principles 1) As to the violation of the Punishment of Violences, etc. Act (a collective action, threat of deadly weapons, etc.), and injury, the Defendant and the person requesting an attachment order (hereinafter “Defendant”).

(2) At the time of the commission of this part of the crime, the Defendant had sexual intercourse with the victim at the time of the commission of the crime, and did not put the victim a knife, but did not put the victim a knife. (2) As to the violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (Rape, etc.).

3) As to the entry into a residence, the Defendant maintained a de facto marital relationship with the victim at the time of committing this part of the crime. Therefore, the Defendant’s entry into the victim’s house does not constitute a crime of intrusion upon residence. B. The lower court’s punishment of unreasonable sentencing (ten years of imprisonment) is too unreasonable.

C. In the part of the request for attachment order, the period of the attachment order for the ten-year period sentenced by the court below is too unfair.

2. Determination

A. As to the assertion of mistake of facts or misapprehension of legal principles, in light of the evidence duly adopted and examined by the court below as to the violation of the Punishment of Violences, etc. Act (a collective, deadly weapons, etc.) and the injury, the defendant's prosecutor's statement and the victim's police statement, etc., the defendant can sufficiently be recognized as having inflicted bodily injury by saving the victim from drinking, etc. as stated in this part of the facts charged, and threatened the victim with excessive and food knife. Thus, this part of the defendant's assertion is rejected. 2) As to the violation of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (Rape, etc.) and the evidence duly

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