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(영문) 부산고등법원 (창원) 2017.10.18 2017노201
강간등
Text

All appeals by the defendant and the prosecutor are dismissed.

Reasons

The Defendant explicitly withdrawn the assertion of mistake of facts on the first trial date.

The punishment sentenced by the court below against the defendant (one year and three months, etc.) is too unreasonable.

In light of the fact-finding and misunderstanding of legal principles that the statement of the victim R is specific and consistent, there is no reason to dismiss the defendant, and the victim R's outer part of the case is suffering, the victim's statement of the victim R that the defendant abusedd and abused his own trees by suppressing resistance by suppressing resistance, etc. is sufficiently recognized as its credibility.

Nevertheless, the lower court erred by misapprehending the facts or by misapprehending the legal principles, which affected the conclusion of the judgment, on the charge of rape.

The sentence sentenced by the court below against the defendant is too unfortunate and unfair.

On August 13, 2014, the summary of this part of the facts charged by the prosecutor's assertion of mistake and misapprehension of the legal principles, the defendant found the victim R (the victim R, 45 years old, hereinafter referred to as "victim" in paragraph (2) of this Article) who was under the influence of alcohol and used in the way before Qel P in Changwon-si P around 06:30 on August 13, 2014, the defendant tried to find out the victim's mind by drinking alcohol, drinking the victim with the victim's desire, talking the victim with the victim's desire, talking him/her to commit rape, going together with the victim's house, and driven by him/her.

The Defendant, between around 07:17 and around 09:50 on the same day, provided that the Defendant, while talking with the victim in order to unfold the tensions of the victim who sited on the floor of the burb Burb Burb Burb, and led the victim to sit on the bed on the bed, the victim gets off the bed off the bed of the bed and lab, labing the victim’s dog, and labing the victim’s so that the victim would cut off the clothes, and returned to the bed and back to the bed.

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