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(영문) 광주고등법원 2013.03.28 2012노549
성폭력범죄의처벌등에관한특례법위반(특수강간)등
Text

1. The first-A, B of the judgment of the court below

(c) All parts of the crime except the part concerning the defendant's case.

Reasons

1. Summary of grounds for appeal;

A. Part 1 of the case of the defendant and the person to whom the attachment order was requested (hereinafter referred to as the "defendant")

(A) misunderstanding of facts and misunderstanding of legal principles

A. The victim had not been forced to go to the telecom, had not been sexual intercourse with the victim by assault and threat, had not been sexual intercourse with the victim, had the victim not been placed in a superior position, and had the victim suffered the wound even if so.

It is difficult to view that the crime of rape injury constitutes injury.

(2) No. 1-2

B. Although there is a fact that the victim was frightened, there is no fact that the victim was frightened.

(3) No. 1-2

C. The fact that the Kimchi had fran, but there is no fact that the victim was satisfed with Gazine, glass cup, and glass satch.

(4) No. 1-

F. There is no assault or threat of a victim, and there is no fact that the victim was rape in collusion with I, and even if the Defendant’s act constitutes simple rape.

Even if this case occurred at the end of December 2009 or around the beginning of December 2010, it is not legitimate since the victim's complaint was filed after the lapse of one year from that time.

(5) No. 1-5

G. The fact that the victim conducted a cell phone sending details is nothing more than the fact that the victim threatened the victim.

(6) No. 1-2

j. After the victim assaulted the victim, the victim was locked, and there was no fact that he detained the victim only before the door.

B) At the time of the above (6) of mental and physical disorder, alcohol was in the state of mental disorder or mental and physical disability, and was in the state of mental disability or mental and physical disability. C) The first-A-B of the judgment of the lower

(c)crimes: imprisonment of 2 years and 6 months, 1-D, f, f, f, h, or f;

(j) and the judgment No. 2: Imprisonment with prison labor is too unreasonable. 2) In full view of the misunderstanding of facts (the relationship between the defendant and I in the part not guilty in the reason, the situation at the time of the rape in the case, and the statements of the victim and I, I are sufficiently aware that the victim has already been in a difficult state to resist, and that I are sexual intercourse with the victim.

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