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(영문) 서울고등법원 2018.08.28 2018노821
성폭력범죄의처벌등에관한특례법위반(강간등치상)
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for three years.

However, the above punishment shall be imposed for a period of five years from the date this judgment becomes final and conclusive.

Reasons

The summary of the grounds for appeal (unfair sentencing) and the Defendant and the defense counsel initially asserted as grounds for appeal by mistake and misunderstanding of legal principles that the victim did not refuse and stop the act of petling under the agreement with the victim and did not intend to commit rape. However, at the first trial date of the first trial, the Defendant and the defense counsel explicitly withdrawn the allegation of misunderstanding of the above facts and misapprehension of legal principles.

The punishment sentenced by the court below against the defendant (a three-year imprisonment, a forty-hour order to complete a sexual assault treatment program) is too unreasonable.

The prosecutor's misunderstanding (not guilty) ① The victim attempted to rape the victim's on board, and led the victim's arms to force the victim's arms against the resistance, so holeed on the part of the victim.

“Evidence” (Evidence No. 23 pages), the victim’s body was taken to be the body of the victim (Evidence No. 32 pages of evidence), the victim’s body was submitted (Evidence No. 32 pages of evidence), the victim’s body was indicated “the degree and degree of injury to the body” column of the diagnosis document as “the breath and the breath breath breath breath breath breath breath breath breath breath blost blost blost blost blost blost blost blost blost blost blost blost blost blost blost blost blost blost blost blost blost blost blost blost blost blost blost blost blost st.” (Evidence 34).

In light of the fact that the statement is made (334 pages of evidence), the victim is committed by the crime of this case.

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