(영문) 대전고등법원 (청주) 2018.09.13 2018노45

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(영문) 대전고등법원 (청주) 2018.09.13 2018노45

강간등

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The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for four years.

The APLE IPHONE A1586 (Evidence No. 2).

Reasons

1. Summary of grounds for appeal;

A. The judgment of the court below that found the defendant guilty on the grounds as set forth in 2-B, 3-5 of the facts of the crime as stated in the judgment of the court below is erroneous in the misapprehension of facts.

1) As to Article 2-b of the facts constituting the crime of the lower judgment, the Defendant did not inflict any injury on the victim.

2) As to the crime No. 3 of the judgment below, since the injured party only accompanied the defendant who is deemed to act as an agent in an free atmosphere, he detained the injured party.

shall not be deemed to exist.

3) As to the crime No. 4 in the judgment below, the defendant consented to the photograph of the victim as security that the victim would not take another male again and taken the body and the sound of the victim.

4) In relation to the crime No. 5 of the judgment below, the victim was not in an impossible state at the time, and the defendant and the victim promised to refrain again, and they were sexual intercourses under mutual agreement after they promised to do so.

B. In the name of “social behavior disorder”, the Defendant, who was physically and mentally weak, received a mental treatment for a long time, and did not properly control his behavior and committed the instant crime. Therefore, the Defendant was physically and mentally weak at the time of committing the instant crime.

(c)

The sentence of the court below's unfair sentence of sentencing (4 years of imprisonment, 40 hours of order to complete a sexual assault treatment program) is too unreasonable.

2. Determination

A. 1) In full view of the following facts and circumstances acknowledged by the evidence duly admitted and investigated by the lower court, the Defendant is sufficiently recognized as having inflicted injury on the victim as stated in this part of the facts charged.

This part of the defendant's assertion is without merit.

1. The victim stated in the court below as follows in relation to this part of damage (the witness).

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