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(영문) 대전고등법원 2015.01.09 2014노374
폭력행위등처벌에관한법률위반(집단ㆍ흉기등협박)등
Text

Defendant

All appeals by prosecutors are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The sentencing of the lower court (two years and six months of imprisonment) is too unreasonable.

B. The court below found the defendant not guilty of this part of the facts charged, in light of the evidence submitted by the prosecutor, such as the statement of the victim whose credibility is recognized, even though the defendant sufficiently recognized rapes at the time and place stated in the facts charged, there is an error of law by mistake of facts.

(2) The lower court’s sentencing is too unjustifiable and unreasonable.

2. Judgment on the prosecutor's grounds for appeal for mistake of facts

A. The summary of the facts charged is as follows: (a) between October 11, 2013 and November 17, 2013, the Defendant 11:30 and 11: (b) laid the victim F (nive, 35 years of age) with a room on T in Daejeon Seo-gu, Daejeon; and (c) laid the victim F (nive, 35 years of age); and (d) “I am fright and hum humb humb humb humb humb humb humb humb humb humb humb humb humb humb humb humb humb humb humb humb humb humb humb humb humb humb hum humb humb hum humb humb hum hum humb g h, and let the victim’s m.

B. The lower court rendered a not guilty verdict on this part of the facts charged on the grounds that it is difficult to find that the victim’s statement alone was a crime as to the date and place indicated in the facts charged, on the grounds as delineated below.

(1) The circumstances at the time of the crime of rape.

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