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(영문) 부산고등법원 2015.03.19 2014노887
성폭력범죄의처벌등에관한특례법위반(강간등상해)
Text

The prosecutor's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The court below acquitted the victim of this part of the charges on the ground that the victim's wife does not constitute "injury" in the crime of indecent injury by force, even though it is obvious that the victim's health condition was changed due to the misapprehension of legal principles, or the degree and method of assault committed by the victim by the victim by mistake of facts, the part of the charges, and the part and content of the victim's wife, etc.

Therefore, the judgment of the court below is erroneous in the misapprehension of the legal principle as to "injury" in the crime of indecent act by compulsion, or by misconception of facts.

B. In light of the various sentencing conditions in the instant case of unfair sentencing, the sentence imposed by the lower court on the Defendant (three years of imprisonment for a term of two years, three years of probation, community service, 200 hours in social service, 40 hours in attending sexual assault treatment lectures, and 40 hours in alcohol treatment lectures) is too uneasible and unreasonable.

2. Determination

A. On May 1, 2014, at around 06:00 on May 1, 201, the summary of the facts charged is that the Defendant, at around 06:00, tried to commit an indecent act against the victim D (at around 52, E main points in the operation of 52 years old), “I will late complete the time” from the victim while drinking together with the victim.

The Defendant, as a food, threatened the victim with “I ambling satisfy by Embrying satisfy, I ambling satfy by Embry, I ambatfy, I ambat, I ambatfy, I ambatfy,” and forced the victim’s resistance.

The Defendant continued to cut off the sexual organ of the Defendant, leading the victim to “influence”, leading the head of the victim, but the victim was only and refused to do so, and again, fluencing the beer’s sexual organ into the beer’s disease and shaking the Defendant’s sexual organ.

In this respect, the defendant has dangerous objects.

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