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(영문) 서울고등법원 2019.08.30 2019노1051
준강간
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. At the time of committing the instant crime of mistake of facts, the victim was not in a state of mental disorder, and the Defendant was sexual intercourse with the victim under agreement with the victim.

Even if the victim was in a state of mental disorder, the Defendant could not recognize the victim's condition of mental disorder, so there was no intention to quasi-rape.

B. The sentence imposed by the lower court on the grounds of unfair sentencing (two years and six months of imprisonment) is too unreasonable.

2. Determination

A. In full view of the following circumstances acknowledged by the evidence duly adopted and investigated by the lower court’s determination on the Defendant’s assertion of mistake, the lower court determined that the Defendant could have acknowledged the fact of quasi-rape by taking advantage of the victim’s state of difficulty to resist. A) On the day of the instant case, the victim was able to drink a much much amount of alcohol than the ordinary amount of alcohol, when the victim was her mother, and the her husband was her husband was her mother, who was the substitute engineer, when the victim was her mother was her mother, and did not pay her substitute fee even when the vehicle arrived near the I Station, and the victim did not pay her substitute fee even when she was demanded by the Defendant when she arrived at the I Station, and the Defendant also stated that the victim was locked or was her snow at the investigative agency at the time of the instant case.

B. The victim’s memory or part from the time when the defendant driven the vehicle from the investigative agency to the time when he returns home from the victim’s house from the time when the defendant driven the vehicle from the investigative agency to the court of the court below is “the part where the defendant continued to drive the vehicle on the back of the shoulder, which was rhyd with the defendant’s body while rhyd with the defendant’s body, and rhyd with the defendant’s face, and hydd with a large fear in the situation where the defendant’s speech was threatened, but the victim hydd with the defendant’s face, but was pushed off with the secret closed vehicle.”

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