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(영문) 대전고등법원 2018.09.21 2018노315
강간상해
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The Defendant had no intention to rape the victim.

Nevertheless, the lower court found the Defendant guilty of the facts charged.

B. The sentencing of the lower court’s unfair sentencing (two years and six months of imprisonment, and 40 hours of sexual assault treatment program) is too unreasonable.

2. Judgment on the grounds for appeal

A. Comprehensively taking account of the following circumstances acknowledged by the lower court’s duly adopted and investigated evidence regarding the assertion of misunderstanding of facts, the lower court may recognize the fact that the Defendant intended to engage in sexual intercourse by exercising the force of force that makes it impossible or considerably difficult to resist the victim of rape intentionally.

Therefore, the defendant's above assertion is without merit.

(1) The statement made by the victim contains the contents that the defendant assaults the victim, the parts and methods by which the defendant commits an indecent act against the victim, and the words and behaviors of the defendant and the victim at the time, which are difficult to describe, in a concrete and detailed manner, and are highly reliable in major parts.

② According to the statements made by the victim with high credibility, the defendant spare the victim, while sparing him/her.

“I am tell or face,” and see “I am.”

“Ch.” After assaulting the victim, the victim exceeded the victim’s panty and panty, put the victim’s fingers into the negative part of the victim, and thereafter there is no water.

“Along with the victim’s her her m and her m and her m and her m and her m and several times, the Defendant her m and her m and her m and her m and her m and her m and her m and her m and the Defendant her m and her m and her m and her m and her m and her m and her m and her m and her m

However, the defendant exceeded his clothes and her fingers in the victim's sexual flag.

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