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(영문) 부산고등법원 2015.05.07 2015노133
아동ㆍ청소년의성보호에관한법률위반(강간등치상)
Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. Defendant 1) Acknowledgement of facts or misunderstanding of legal principles recognize the fact that the Defendant committed rape by force of the victim, but it is unclear whether the victim’s sexual intercourse was caused by the Defendant’s rape, and it does not constitute injury to the crime of injury resulting from rape because it is a minor injury to the extent possible to cure nature. Nevertheless, the lower court found the Defendant guilty of the charge of injury from rape in this case. In so doing, the lower court erred by misapprehending the legal principles on injury resulting from rape or causing rape, thereby adversely affecting the conclusion of the judgment, in light of the various sentencing conditions of the case of unfair sentencing (five years of imprisonment and 80 hours of attending the sexual assault treatment course).

B. In light of the various sentencing conditions in the instant case, it is unreasonable for the lower court to exempt the disclosure and notification order, as well as excessively unhutiled sentence, in light of the prosecutor’s various sentencing conditions.

2. Determination

A. In light of the medical opinion, etc., the victim and the defendant's statement to the effect that "the defendant showed rapes of the victim and the victim after the occurrence of the harm to the victim" prepared by the victim's medical doctor L of diagnosis at an investigative agency, etc., the victim's wife and the victim's wife are sufficiently recognized to be arising from rape by the defendant's sexual intercourse, and the victim's wife and the victim's wife form part of the part of the gender organization due to the body of the woman's body, and the degree of difference is likely to cause interference with the function of life.

Therefore, it is reasonable to view that the victim's wife damage constitutes an injury to rape.

Therefore, we affirm the fact-finding and judgment of the court below which found the defendant guilty of the injury resulting from rape of this case as just.

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