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(영문) 대구고등법원 2015.05.28 2015노23
성폭력범죄의처벌등에관한특례법위반(강간등상해)등
Text

Defendant

In addition, the appeal by the person who requested the attachment order is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The Defendant and the person subject to a request for an attachment order (hereinafter “Defendant”) of mistake of facts: (a) at the time of the instant case, the victim and the person subject to a request for an attachment order (hereinafter “victim”) went to the victim due to the drinking value at the restaurant of the victim; (b) shouldered the emptyer by putting him/her away; (c) putting him/her clothes with the victim; and (d) carried out physical fighting with the victim; and (d) during that process, the victim was injured and the victim was dead.

However, there is no fact that the Defendant, by intentionally benefiting the head of the victim's hair, intentionally breaking the victim's hair into the bottom, did not spawn the shoulderer's disease in his hand, and spawn the spawn's disease on the part of the victim.

B. The lower court’s sentence of unreasonable sentencing (five years of imprisonment) is too unreasonable.

2. Determination

A. In full view of the following circumstances acknowledged by the evidence duly adopted and investigated by the lower court regarding the assertion of mistake of facts, the Defendant attempted to rape the victim after assaulting or threatening the victim with an empty beer who is a dangerous object, as stated in the facts charged in the instant case, but could be recognized without any reasonable doubt that the victim was injured in the course of such assault and injury. Therefore, the Defendant’s allegation of mistake of facts is without merit.

1) At the investigative agency, the victim at the time of the instant case, the victim opened the restaurant entrance between the Defendant at the time of the instant case (However, it seems that the entrance was not completely locked because the Defendant was not aware of the method of locking.

(2) The victim demanded a sexual relationship by putting the head of the victim over the floor so that the victim’s head flicked beer and blicked beer disease in the victim’s item and “flive single defect,” and the victim demanded a sexual relationship. The victim called “flive drinking service” (a service that automatically reports a crime to the district unit having jurisdiction over a certain period of time).

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