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(영문) 대구고등법원 2014.04.03 2013노632
성폭력범죄의처벌등에관한특례법위반(강간등살인)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. In light of the following: (a) the Defendant and the respondent for the attachment order and the respondent for the attachment order (hereinafter “defendant”) committed the rape of the instant case; (b) the Defendant did not prepare sirens in advance for the abandonment of the body; and (c) the Defendant seriously reflects the mistake, the lower court’s imprisonment is too unreasonable.

B. In light of the fact that the crime of rape in this case committed by the public prosecutor was led by the Defendant to take the sexual desire, and the result of the crime was significant and the method of committing the crime is cruel, etc., the lower court’s punishment is too unfeasible and unfair, and thus, the Defendant should be sentenced to death penalty.

2. Determination

A. The crime of rape in this case committed by the Defendant and prosecutor on the assertion of unfair sentencing by the Defendant and prosecutor is cruel and serious as the Defendant attempted to rape the victim's J in a state of non-performance by drinking alcohol, and assaulted the victim's face by drinking alcohol, breast-feeding, etc., thereby causing the victim to die due to damage to chest clothes, etc.

The Defendant: (a) the victim, who was frighten in a club, frightened a taxi with his mind to rape the victim while getting on and off the taxi while under the influence of alcohol; and (b) the victim left the taxi in order to get the signal from the taxi on board; and (c) the victim frighted the taxi to get the signal, and (d) demanded the victim to leave the taxi in the taxi where she was aboard, and to leave the taxi with the victim as if her male-friendly appearance was the victim, and then to leave the taxi. The Defendant’s act to rape the victim is not infrighten with the victim.

In addition, the defendant is going to commit rape in order to rape the victim.

L. L. L. L. L.W. L. L. L. L. L. L. L. L. L.W.

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