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(영문) 대전고등법원 2013.12.23 2013노426
성폭력범죄의처벌등에관한특례법위반(친족관계에의한강간)등
Text

Defendant

In addition, all appeals filed by the respondent for attachment order and the prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. Defendant 1) Defendant 1 and the person against whom the attachment order is requested (hereinafter referred to as “Defendant”).

(2) The lower court’s sentencing (two years of imprisonment) is too unreasonable. The lower court’s sentencing (two years of imprisonment) is too unreasonable.

B. According to the evidence submitted by the public prosecutor 1), the lower court acquitted all of the charges of violating the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (special rape in relation to relatives) and of violating the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (special rape). The lower court acquitted all of the charges. 2) The sentencing of the lower court on unreasonable sentencing

2. Judgment on the prosecutor's assertion of mistake of facts

A. The summary of the facts charged is as follows: (a) around 22:00 on September 2012, the summary of the facts charged concerning the violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (Rape in Relatives) and the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (Special Rape) is that the Defendant, who was under the influence of the subparagraph of the F apartment unit in Seoul Special Metropolitan City, Nowon-gu, for the purpose of reporting the victim C, who was under the influence of alcohol and was living in the kitchen, and raising awareness of her desire to commit rape; and (b) when the victim was spared after using a deadly weapon, knife the victim, knife the victim’s hand, knife the victim “the same person”, and the victim said that “the same person” was a victim’s back of the ppuri victim, and that the victim did not escape from the house.

B. The Defendant’s defense counsel and the Defendant’s defense counsel did not knife the knife or knife the knife the knife of the knife of the knife or the knife of the knife of the knife of the knife.

C. Judgment of the court below.

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