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(영문) 대구고등법원 2014.11.20 2013노657
성폭력범죄의처벌등에관한특례법위반(특수강간)등
Text

All judgment of the court below shall be reversed.

A defendant shall be punished by imprisonment for three years.

excessive one man (No. 1) that has been seized.

Reasons

Summary of Grounds for Appeal

The part of the defendant's case (the first and second judgment) misunderstanding of facts or misunderstanding of legal principles (the first judgment), the part of the crime of paragraph (1) / [the violation of the Punishment of Violences, etc. Act (a collective, deadly weapons, etc.) / the defendant and the person subject to a request to attach an attachment order (hereinafter referred to as "the defendant") / her husband / her husband / her husband / her husband / her relation with the victim after the victim's oral dispute with the victim. However, there is no fact that the defendant threatened the victim by using a wooden camping net or a knick, which is a dangerous object such as

The criminal facts of paragraph (3) (Rape) in the initial trial, even though the defendant does not have a sexual intercourse with the victim or has a sexual intercourse with him/her, he/she only has sexual intercourse with the victim under the agreement with the victim, and there was no rape by threatening the victim as stated in this part of the criminal facts.

The criminal facts of paragraph (4) of this Article (Special Act on the Punishment, etc. of Sexual Crimes) (Special Rape) of this Article in the judgment of the court below are proved to have committed a sexual intercourse with the victim by proving the same, and there is no fact that the defendant has sexual intercourse with the victim after threatening the victim with a dangerous object, such as this part of the criminal facts, such as a tree camping net, a knife, excessive charges, etc.

The part of the crime of paragraph (5) of this Article (Special Act on the Punishment, etc. of Sexual Crimes and the Punishment of Violences, etc. Act (a violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes) at the time of the original adjudication is only the enemy when the defendant does not intend to engage in a fighting with another person, and the defendant inflicted an injury upon the victim by assaulting the victim due to an illness which is a dangerous object, such as the crime stated in this part of the crime, and there is no sexual intercourse with the victim whose resistance

The judgment of the court below on the grounds of unfair sentencing (the first and second judgment of the court below) is too unlimited to the defendant's punishment (the first judgment of the court of first instance: imprisonment with prison labor for four years and the second judgment: imprisonment with prison labor for ten months).

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