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(영문) 서울고등법원 2019.06.14 2019노225
강간상해
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for three years.

However, for a period of four years from the date this judgment becomes final and conclusive.

Reasons

1. Summary of grounds for appeal;

A. In the first instance, the defendant tells the victim of facts, and only shows the chest, and later, he is naturally off the case that the victim gets off, and the defendant is not off the case that the victim gets off, and there is no fact that the victim only assaults the victim, and there is no other body parts of the victim in this case.

Thus, even though the defendant did not have the intention of rape and only had the intention of indecent act by compulsion, the court below erred by misapprehending the legal principles regarding the crime of rape and injury to the defendant.

B. The sentence imposed by the lower court (one year of imprisonment, etc.) is too unreasonable.

2. Determination

A. As to the assertion of mistake of fact, the Defendant also asserted the same assertion in the lower court, and the lower court determined that at the time of the instant crime, the Defendant had the intent to rape beyond the intent of indecent act by compulsion, on the grounds of the following facts or circumstances.

(1) The victim stated at an investigative agency that "the defendant gets in front of him, she was frightened, she was frightened, she was frightened, she was frightened, she was frightened, she was frightened, she was frightened, she was frightened, and she was frightened by her part under the part of Trts which she was frighten, and she did not get out any longer." The victim's statement is not found to be concrete and consistent, and there is no reason why the victim is able to make a statement by referring to a false fact."

2. At the time of witnessing the instant case in the mouth of the river at the time, F, a man, having a particular male victim in the investigative agency, shall also leave the floor of any female victim, and the male himself.

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