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(영문) 서울고등법원 2017.05.19 2017노547
강간상해등
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. misunderstanding of facts or misapprehension of legal principles 1) The Defendant did not have committed an indecent act by force against the victim D (Influence, 51 years of age), and the victim’s statement alone is insufficient to recognize the Defendant’s indecent act.

Even if the defendant committed an indecent act by force against the victim

Even if an indecent act is committed against the victim, he/she is likely to injure the victim.

It is difficult to see it.

2) The Defendant is not enough to recognize the Defendant’s act of assault solely on the witness I’s statement alone, even though the Defendant was a victim of assault in the victim H test, and there was no assault by the victim.

B. At the time of committing an indecent act by force, the Defendant was in a state that he had the ability to discern things or make decisions by force.

(c)

The punishment sentenced by the court below (two years and six months of imprisonment) is too unreasonable.

2. Determination

A. 1) In light of the following facts and circumstances acknowledged by the lower court and the evidence duly adopted and investigated by this court as to the assertion of misunderstanding of facts or misapprehension of the legal doctrine, the Defendant committed an indecent act by force against the victim D, thereby committing an indecent act for 14 days around the snow in need of medical treatment.

The judgment of the court below is just, and there is no error of mistake or misunderstanding of legal principles as alleged by the defendant.

(1) A victim shall take care of his/her inner body in an investigative agency and a court of original instance in the situation where there remain two defendants with the victim.

The inside of the Republic of Korea is regarded as bad.

“.......”

“The Defendant forced the victim’s face and body while drawing the victim’s body in two arms, and the victim left the victim’s body. As such, the Defendant got a large amount of the victim’s body.

"A defendant wanting to get back to panty and the victim rejected it, and the defendant taken a drinking face.

“The statement was made to the effect that it was “(1) 55, 40-41, 2 books of evidence records, 17-18.

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