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(영문) 대전고등법원 2013.10.30 2013노207
강간치상
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than one year and six months.

The defendant is a sexual assault treatment program.

Reasons

1. Summary of grounds for appeal;

A. misunderstanding of facts1) The Defendant was unable to sell the victim’s buckbucks at the time and place indicated in the facts of the crime as indicated in the judgment, and there was no fact that the victim was raped on the part of the victim by walking the part of the fucks. However, there was no fact that the victim attempted to rape. 2) The injury suffered by the victim was committed in the course of a fighting for paying the drinking value beyond the victim’s body, and it was not an opportunity for rape.

B. The lower court’s sentencing (two years and six months of imprisonment, and forty hours of sexual assault treatment programs) is too unreasonable.

2. Judgment on the assertion of mistake of facts

A. The summary of the facts charged in the instant case is as follows: (a) around 04:30 on September 28, 2012, the Defendant

In the room No. 3 of the main place (hereinafter “instant main place”), the victim E (the 32 years of age) and drinking, who is an employee of the said main place, were unable to put the bucks of the victim into the victim’s primary place clothes and fill the bucks of the victim.

The Defendant, while walking the part of the victim's primary feet, knenee knee knee knee knee knee knee knee knee knee knee knee knee knee knee knee knee, tried to rape the victim.

However, when the victim gets a sound and resisted with the wind of the defendant, the defendant did not bring about his intention, and the victim suffered an injury to the left-hand lap, which requires medical treatment for about 15 days.

B. In full view of the following circumstances, the lower court determined whether the Defendant attempted to commit rape against the victim (i.e., whether the Defendant attempted to commit rape) and acknowledged the fact that the Defendant attempted to commit rape. (A) The victim’s statement at the investigative agency and the court below stated the following content in the victim’s statement.

"Defendant" is decided from 03:00 on September 28, 2012.

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