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(영문) 서울고등법원 2012.12.20 2012노2651
성폭력범죄의처벌등에관한특례법위반(강간등상해)등
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for six years.

The information on the accused shall be published for a period of ten years;

Reasons

1. According to the prosecutor's summary of the grounds for appeal, the defendant and the person subject to an application for an attachment order (hereinafter "the defendant") can be found to have inflicted an injury on the acute resistance district by inserting the sexual organ into the victim's resistance by force. Thus, the judgment of the court below which acquitted the defendant, is erroneous in the misunderstanding of facts and misunderstanding of legal principles.

2. Determination of the accused case

A. On April 10, 2012, the summary of the facts charged reveals that the Defendant, along with the victim F, who is in physical disability Grade 2 due to vert tuberculosis in Nam-gu, Incheon, Enbro-gu, Da, 302, Hah, Hah Hah, and Hah Hah Hah Hah Hah Hahhh Hahhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhh

B. The judgment of the court below: ① the victim was receiving a long-term urology treatment, and thus there was no injury to the victim’s body in addition to the rhetoric wave due to sexual insertingation, even though there was a large number of wounds in the victim’s body due to the Defendant’s assault; ② the victim, as alleged by the victim, resisted and string the sound in the female room, is old and is not soundproof, so it is not likely that other people could easily know the fact of damage; ③ The victim stated that there was 2 and 3 minutes of time until the Defendant started the assault and inserted the sexual organ into the port, but during that short-term period, it is difficult for the Defendant to suppress and insert the victim’s resistance, who is an adult male male, and inserting it into the sexual organ. ④

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