(영문) 대구고등법원 2013.06.26 2013노161 | 리걸엔진

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(영문) 대구고등법원 2013.06.26 2013노161

강간상해등

Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than one year and six months.

One set of guns seized (No. 1) shall be made.

Reasons

1. Summary of grounds for appeal;

A. The Defendant (unfair punishment)’s punishment (two years and six months of imprisonment) is too unreasonable.

B. With regard to the point of rape injury among the facts charged in this case, a prosecutor 1) misunderstanding of facts or misunderstanding of legal principles (the part not guilty in the grounds of this case), in light of the fact that if the defendant assaulted the victim in front of the E Hospital before the E Hospital, assaulted the victim by getting on a taxi, moving the victim to the elel, assaulting the victim again at the place, and there was no reason to commit rape, and only if the victim did assaulted the victim on the suspicion that the victim was unable to have the wind, then the defendant did not have any reason to commit rape, the defendant tried to possess the victim's desire through a sexual relationship with the victim with the victim, and there was no time difference between the act of assaulting the victim and the act of rape in front of the E hospital. Nevertheless, the judgment of the court below is erroneous in misapprehending legal principles or misapprehending of legal principles on the grounds that it cannot be found that there was an intention of rape or an opportunity to injure the victim, thereby affecting the conclusion of the judgment of the court below.

2. Determination

A. 1 The lower court, based on the premise that the liability for the crime of rape injury is deemed to be the case where the crime of rape was committed when the victim was injured by the opportunity to commit rape, and in light of the following circumstances acknowledged by the evidence adopted and investigated by the lower court, the Defendant intentionally injured the victim of rape from the beginning.

It is difficult to view that the victim was injured or injured on the opportunity for rape, and there is no other evidence to recognize this.

유사 판례

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