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본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
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(영문) 서울고등법원 2013.05.24 2013노1077
성폭력범죄의처벌및피해자보호등에관한법률위반(강간등살인)
Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. Defendant 1) Although Defendant 1 had no intention to murder because he was fighting with the victim at the time of the instant allegation of misunderstanding of facts, the lower court recognized the Defendant’s intention to murder by misunderstanding of facts. 2) The sentence (10 years of imprisonment) sentenced by the lower court to the Defendant on the ground of unfair sentencing is too unreasonable.

B. The sentence imposed by the prosecutor by the court below is too uneasible and unfair.

2. Determination

A. The lower court determined as follows: (a) the Defendant’s assertion of mistake of facts: (i) the following circumstances acknowledged by the evidence at the time of the occurrence of the crime of this case: (i) the knife knife, which is a deadly weapon used for the crime of this case, is up to 20 to 25cm in length; (ii) the Defendant suffered a omb heat (8cm on the left side and 5cm on both sides during the course of rape with the victim who resisted in the course of rape; (iii) the victim knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife k; and (ii)

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