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(영문) 서울고등법원 2019.07.11 2019노729
준강간등
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for six years.

Sexual assault against the defendant for 120 hours.

Reasons

1. Summary of grounds for appeal;

A. 1) With regard to the crime of kidnapping sexual intercourse and quasi-rape, the Defendant is the victim D (a person under the influence of alcohol; hereinafter “victim”) who did not pay taxi expenses.

(2) As to the embezzlement of stolen articles, the victim was found to have been dead at the time of sexual intercourse and there was no sexual intercourse between the victim and the victim at the time of the sexual intercourse, and the victim did not have sexual intercourse with the victim by taking advantage of the victim's non-salvance condition. 2) As to the larceny, when the victim was on board the defendant's vehicle as described in Paragraph (1) of the above, the victim fell from the victim's side and fell from the victim's side, and the defendant was found to have been in custody later, and there was no fact that the defendant did not acquire the above embezzlement or embezzlement from the victim's wall around April 2018, since the victim did not have any intention to acquire the above embezzlement, the victim did not have any intention to return it to the defendant.

4. Nevertheless, the court below found all of the charges of this case guilty on the grounds of the statements of the victim without credibility. The court below erred in misunderstanding of facts, etc.

B. The lower court’s sentencing is too unreasonable.

2. Judgment on the grounds for appeal by the defendant ex officio shall be examined ex officio.

A. Article 59-3(1) of the Act on Welfare of Persons with Disabilities prior to the amendment by Act No. 15904, Dec. 11, 2018, is a sexual crime under Article 2(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes or a child or juvenile protection act.

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