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(영문) 광주고등법원 2015.08.20 2015노251
강간등
Text

The judgment below

The part of the defendant's case shall be reversed.

Defendant shall be punished by imprisonment for not less than two years and six months.

For the defendant.

Reasons

1. Summary of grounds for appeal;

A. Part 1 of the case of the defendant and the person to whom the attachment order was requested (hereinafter referred to as the "defendant")

(A) With respect to the fact that there is a misunderstanding of facts in the judgment of the court below, the Defendant had sexual intercourse under an agreement with the victim G (or 20 years of age).

2) The sentence of the judgment of the court below on unreasonable sentencing (four years of imprisonment) is too unreasonable and unfair. (2) The prosecutor misjudgments a mistake of facts (1) each rape (A) on June 20, 2013, the Defendant is the victim G (hereinafter referred to as “victim”) in June 20, 2013.

[2] The court below found the Defendant not guilty of this part of the charges on the ground that it erred in the misapprehension of the judgment of the court below, on June 25, 2013, by misapprehending the legal principles on assault and intimidation of the victim, and by failing to hear the Defendant’s words, thereby threatening the victim as if he/she had any harm and injury on the victim’s personal body, such as inducing the victim to pay money borrowed from the victim on one occasion on one occasion, or inducing the victim to sell his/her body, and by failing to hear the Defendant’s words, he/she forced the victim to go off his/her clothes. (B) The court below erred in the misapprehension of the judgment of the court below on the ground that the Defendant’s assault and intimidation cannot resist the victim’s resistance or considerably difficult, thereby adversely affecting the conclusion of the judgment. (2) The Defendant, who violated the Punishment of Violence, etc. Act (Habitual injury) was not guilty on one’s own name from May 27, 2012 to 313, 2014.

C. The court below's improper decision that exempted the disclosure or notification order of personal information is against the defendant.

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