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(영문) 서울고등법원 2016.09.09 2016노874
강간
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 against the defendant for 80 hours.

Reasons

In full view of the following facts: (a) misunderstanding the gist of the grounds for appeal and misunderstanding the legal principles of inspection; (b) seeing that the shape of an object was frightened in the same manner as the symptoms at the time when the vehicle was frighted by the Defendant; (c) the wall was frightening; and (d) the Defendant was frighting from the body of the Defendant; (d) the victim’s statement that the fright was only frighted, and the victim’s fright was found to have sexual intercourse in the latter; and (c) the victim’s fright was found from the cut fright from the fright to about 20 meters in length on the part of the mother part of the victim’s hair; and (d) the victim’s fright was found before the instant case, and the victim’s fright was found to have frightd the fright at the fright, notwithstanding the fact that the Defendant’s act was determined otherwise, it is difficult to deem the victim to have fright fright.

After the judgment of the court below, the court below acquitted the primary facts of the crime of rape and erred by misapprehending the law by exceeding the limits of the principle of free evaluation of evidence.

The punishment sentenced by the court below against the defendant (three years of imprisonment) is too unfortunate and unfair.

Defendant

In fact, the defendant misunderstanding that he had sexual intercourse with the victim

On March 14, 2015, 2015, when the victim ever ever 9 hours passed since her food was discussed twice, and she was locked for about 3 hours, and on March 14, 2015, when she was sexually related, she alone cut down the stairs without a railing, she reported her urine in the Warsaw Chapter for the first floor, and she was placed on the shot and her place in the place. There was a sex relationship.

It is clear that the body of the victim has been restored to a certain extent at 04:00.

After this case, the victim or the mother of the victim cannot receive an agreement from the defendant on the part of the victim, with the victim's words and actions.

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