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본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
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(영문) 대구고등법원 2015.09.03 2015노294
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)등
Text

1. The judgment below is reversed.

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

3. One (No. 1) of seized steel bars (No. 1).

Reasons

1. Summary of grounds for appeal;

A. misunderstanding of facts (as to the facts of the crime in the original judgment, paragraphs 6 and 7 of the same Article), the Defendant did not make an indecent act by compulsion of the victim I or by indecent act by compulsion of the victim N, like the facts of the crime

B. The lower court’s sentence of unreasonable sentencing (four years of imprisonment) is too unreasonable.

2. Determination

A. The following circumstances acknowledged by the evidence duly adopted and examined by the court below on the assertion of mistake of facts by the defendant. ① The victims consistently stated from the investigative agency to the court of the court below on the date and time and place of indecent act by force by the defendant, the process and method of the crime, and the circumstances after the crime. It does not seem that the victims' testimony was made with a very specific and natural view that the victims did not experience, and there is no other motive or reason to make a false statement in order for the victims to mislead the defendant. ② The defendant also stated the victim's sexual organ at the investigative agency to come up with or out of the victim I's sexual organ, and the victim's hand son (Evidence record 152, 247) was multiplied by the victim's vegetable statement and vegetable evidence, and the defendant's testimony and vegetable statement made at the time of the crime are made in accordance with this part of the court below's vegetable statement and vegetable evidence.

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