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(영문) 광주고등법원 2014.05.15 2013노521
성폭력범죄의처벌등에관한특례법위반(친족관계에의한강간)등
Text

All the judgment below is reversed.

Defendant

In addition, the person against whom the attachment order is requested shall be the first-A, b, c-1 of the judgment of the court below.

Reasons

1. Summary of grounds for appeal;

A. Although there was a mistake of facts or misapprehension of legal principles or the fact that the defendant and the person to whom the attachment order was requested (hereinafter “the defendant”) delivered the victim’s chest, etc. around 2009, there was no fact that the victim forcedly commits an indecent act or rape as shown in the facts charged.

(2) Of the lower judgment, the Defendant, as the owner of J (hereinafter “instant vessel”), leased the pertinent fishery permit while selling it to I. However, inasmuch as L was aware of the possession of the instant vessel during which he/she did not pay rent from time to time and caused L to bring about the instant vessel, it cannot be said that the Defendant had the intention of larceny regarding the instant vessel.

(2) Of the lower judgment, the lower court erred by misapprehending the legal principles or misapprehending the legal principles, which found all of the facts charged in the instant case guilty.

B. The lower court’s sentence of unreasonable sentencing [the 1-A, 2-1, 2-1, 7 years of imprisonment, 1-C, 1-4, 2-2 of the judgment] is too unreasonable. It is so unfair that the sentence of unfair sentencing (the 5 years of imprisonment) is too unreasonable.

2. To examine ex officio the judgment on the grounds for appeal by the defendant prior to his/her judgment on the grounds for appeal.

Upon the trial of the court below, the prosecutor applied for the amendment of indictment with respect to the part of the facts charged in the case No. 2013 Gohap234 of the court below's 201-Ga "A 2008 and B 2009", and the part of the facts charged in C 1 of the above facts charged as "the defendant applied for the amendment of indictment with respect to "the last day of July 2009 for the defendant" to "the last day of July 2009" and the part of the crimes in No. 1-A, B-C-1, B-2 of the judgment of the court below among the defendant's case and the part of the crimes in No. 1-C, 1-D, 2-B of the judgment of the court below (hereinafter referred to as "the defendant case"), and the part of the crime in No. 1-C, 1-D, 2-B of the judgment of the court below as to the claim for attachment order.

(b).

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