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(영문) 서울고등법원 2015.05.22 2015노491
강간등
Text

The judgment below

The non-guilty part of conviction and each rape shall be reversed.

Defendant shall be punished by imprisonment for three years.

Reasons

Summary of Grounds for Appeal

Defendant

misunderstanding of facts and misunderstanding of legal principles, the defendant who is the representative director E (hereinafter referred to as "E") has not paid printing fees.

This is merely a civil default on E's victim F, and there was no intention to commit fraud in relation to the above.

In relation to each assault on September 21, 2013, each assault, even though the defendant was closely involved in the body of theJ of the victim, there was no fact that the above victim exceeded the ground floor.

In relation to the assault on October 7, 2013, although there is a fact that the above victim was her boomed, there is no fact that the above victim was her boomed, but there is no fact that the above victim was her at least 4 times her head and head.

In relation to the assault on October 8, 2013, the Defendant had a mother and child for the above victim, and there is no fact that he had a mother and child for the victim in front and rear, but there is no fact that he was his head for the above victim.

Each coercion shall be made by the defendant for the same month as October 7, 2013.

8. There was no assault or threat to prepare a letter, etc., and the letter, etc. was written as a “self-definite or other counter-definite” within the meaning of self-definiteism by the defendant’s demand or with his intent to the defendant, and was not written by the defendant’s coercion.

The sentence of imprisonment (one year and six months of imprisonment) imposed by the court below on the defendant is too unreasonable.

The court below found the defendant guilty of mistake of facts and misapprehension of legal principles and coercion against the victim J, and assault committed by the defendant that the above victim could not resist against the defendant, and the defendant committed rape by taking advantage of such victim's failure to resist. Thus, the court below found the defendant guilty of each charges of this part of the charges.

Nevertheless, the judgment of the court below that acquitted each part of the charges on rape is erroneous and assault and intimidation in relation to the crime of rape.

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