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(영문) 대구고등법원 2015.05.14 2014노720
준강간치상
Text

1. The judgment below is reversed.

2. The defendant shall be punished by imprisonment with prison labor for four years;

3. Sexual assault against the defendant for 80 hours.

Reasons

1. The lower court found the Defendant guilty on the charge of quasi-rape among the facts charged in the instant case, and found the Defendant not guilty on the charge of quasi-rape.

The defendant and the prosecutor appealed both the defendant and the prosecutor, and the prosecutor did not dispute not only the grounds for appeal but also the grounds for appeal on the acquittal portion as the grounds for appeal.

Therefore, although the part of the judgment of the court below which was not guilty was judged in the trial, it should be viewed that it was exempted from the object of public defense among the parties, and this part is not determined again in accordance with the conclusion of the judgment of the court below.

Ultimately, the scope of the judgment of the court shall be limited to the conviction part of the judgment below.

2. Summary of grounds for appeal;

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

B. The Prosecutor’s sentence of the lower court is too unhued and unreasonable.

3. The Defendant, at the time of the instant case, committed sexual intercourse, after drinking with the victim, who was in a state of her ability to resist by drinking so that the victim was in a state of her ability to resist by drinking alcohol at the main shop operated by himself/herself, with the victim, who was in a state of her ability to resist, as a warehouse within the main shop, on the ground that he/she was placed on the ground of sexual intercourse.

The victim, who received the love of parents and brothers and sisters, received the treatment with usual emull, but tryed to overcome this for family members, and received the scholarship in good faith, while trying to receive the scholarship, and is also living a day to form a steves of the airline crew's private teaching institute.

The Defendant, at the final interview for the selection of crew members of Asia and airlines, went back to the Defendant’s main points in order to raise money necessary for the preparation of re-domination, and became subject to the above sexual assault from the Defendant only in this frame.

The defendant is immediately after the crime.

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