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(영문) 서울고등법원 2015.11.19 2015노2417
성폭력범죄의처벌등에관한특례법위반(강간등치상)
Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

Summary of Grounds for Appeal

The defendant (unfair punishment)'s punishment sentenced by the court below (two years and six months of imprisonment, and four years of suspended execution) is too unreasonable.

The defendant's act of entering the residence without the victim's permission seems to have been aware that the act of entering the residence without the victim's permission was an act of infringing the victim's right to residence.

Therefore, the judgment of the court below which acquitted the defendant on the injury caused by housing intrusion and rape among the facts charged of this case was erroneous in the misconception of facts as to the intention of the crime of housing intrusion.

The sentence imposed by the court below of unfair sentencing is too uneasible and unfair.

Judgment

The judgment of the court below on the prosecutor's argument of misunderstanding the facts in the facts charged of this case, which found the facts, and found the defendant and the victim were living together at the victim's house and completed the school system around November 19, 2014. However, since the defendant agreed to leave until the next day, the defendant was approved by the victim about the defendant's visit or entering the victim's house until the time of leaving the house. However, unlike the message sent by the defendant at the time of returning home, the defendant did not leave the house, unlike the message sent by the victim, the defendant was waiting for the victim at the time of returning home, and the defendant tried to recover the relation between the victim and the victim, or demanded a sex relationship, but the victim started to conduct the rape crime as stated in the decision that the victim did not accept it, and therefore the defendant started entering the house of the victim.

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