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(영문) 부산고등법원 2013.05.09 2013노35
강간살인등
Text

Defendant

In addition, all appeals filed by the respondent for attachment order and the prosecutor are dismissed.

Reasons

1. Part of the defendant's case

A. The summary of the grounds of appeal 1) Although the defendant and the person to whom the attachment order was requested (hereinafter “the defendant”) were not guilty of committing rape against the victim, the court below found the defendant guilty of committing rape against the victim. The court below erred by misunderstanding the facts and affecting the conclusion of the judgment.

B) In light of the various sentencing conditions in the instant case of unfair sentencing sentencing, the Defendant was under the influence of alcohol at the time of each of the instant crimes, and was in the state of mental disorder due to mental disorder, etc., the sentence imposed by the lower court is too unreasonable.

2) In light of the various sentencing conditions of the instant case by the prosecutor, the sentence imposed by the lower court is too unfasible and unfair. B. 1) The following circumstances acknowledged by the lower court based on the evidence duly admitted and examined by the lower court regarding the Defendant’s assertion of misunderstanding of facts, i.e., (i) the Defendant was subject to one-time investigation by the police on August 23, 2012, and there was no fact that the Defendant intended to rape the victim; (ii) the Defendant was at the time made a simple appearance, such as the Defendant’s kis, or her hand on the bridge, her aground, etc.; and (iii) on August 9, 2012 or August 10, 2012, the previous victim stated that he/she had a sexual intercourse with the victim on his/her new wall around August 24, 2012.

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