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(영문) 대구고등법원 2014.05.08 2013노618
성폭력범죄의처벌등에관한특례법위반(친족관계에의한강간)
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than three years and six months.

Sexual assault, 40 hours against the defendant.

Reasons

Summary of Grounds for Appeal

A mentally ill-minded defendant was injured by an accident before the crime of this case, was in the state of drinking by dividing her friendship and beer, and was in the state of drinking again with the victim at the time of committing the crime.

Such drinking, the Defendant had a weak ability to discern things or make decisions under the influence of alcohol at the time of the instant crime.

The sentence of imprisonment (four years of imprisonment) imposed by the court below on the defendant is too unreasonable.

(1) According to the record, on December 31, 2012, the Defendant suffered from a traffic accident on the part of December 31, 2012. On the same day, the Defendant divided the fatnae and the fat (PT) beer, who was contacted by the victim, and found the victim. The Defendant purchased 1 soldier’s house and beer caner with the victim, and purchased 2 beer, and the Defendant almost found the fatnae with the child (the Defendant was in conflict with another vehicle parked without a new driver’s license on December 31, 2012). In light of the aforementioned, it is difficult to accept the aforementioned 13 weeks of injury, the Defendant alleged that the Defendant suffered from the injury of 4 weeks of the fatnae’s disease, such as a written confirmation of the fatnae, the fatnae, and the fatnae’s fat, the fatnae’s fat, and the fatnae.

(2) However, in light of the following circumstances revealed through evidence duly adopted and examined by the lower court, it appears that the Defendant was under the influence of alcohol and lacks the ability to discern things or make decisions.

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