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(영문) 부산고등법원 2017.11.01 2017노473
강간상해등
Text

Defendant

In addition, all appeals filed by the person who requested the attachment order are dismissed.

An application for compensation by an applicant for compensation shall be dismissed.

Reasons

1. Summary of grounds for appeal;

A. The Defendant and the person who requested the attachment order (hereinafter “Defendant”) to whom the crime was committed, committed an injury to the victim under the influence of alcohol at the time of the instant case, but there was no intention to commit rape, and even if there was no intention to commit such act, the lower court erred by misapprehending the facts, thereby adversely affecting the conclusion of the judgment by convicting the Defendant of the facts charged of rape.

B. The Defendant was in a state of mental and physical weakness under the influence of alcohol at the time of committing the crime.

(c)

The punishment sentenced by the court below (4 years of imprisonment) is too unreasonable.

2. Determination

A. According to the evidence duly adopted and examined by the court below, including the victim's police statement, victim's body photograph, injury diagnosis report, defendant's prosecutor's office and the court below's testimony, which correspond to the facts charged, the part of the defendant's case No. 1), which corresponds to the facts charged, it can be sufficiently recognized that the defendant committed assault and threatened the victim by exposing the victim's face on the part of the victim's ship, such as taking the victim's body and making the victim's face several times by drinking.

B) The lower judgment that found the Defendant guilty of the instant facts charged is justifiable and does not err by misapprehending the facts identical with the grounds for appeal.

Defendant’s assertion is without merit.

2) According to the record on the assertion of mental and physical weakness, even though the defendant was in a state of drinking alcohol at the time of committing the crime, considering the motive, process, means and method of the crime of this case, the attitude and circumstances of the defendant before and after committing the crime, etc., which the court below can be found by the evidence duly adopted and investigated, the defendant was in a state of lacking ability to discern things or make decisions.

It is difficult to see it and there is no other evidence to recognize it.

Defendant’s assertion is without merit.

3) Sentencing is unfair.

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