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(영문) 광주고등법원 (전주) 2017.07.18 2017노73
강간치상등
Text

All appeals by the defendant and the prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The sentence of the lower court (two years and six months of imprisonment, and 80 hours of order to complete a sexual assault treatment program) is too unreasonable.

B. A prosecutor 1) The Defendant: (a) led the misunderstanding of the fact that the Defendant led to the misunderstanding of the fact that he was rape and forced indecent conduct; (b) the Defendant’s father was operation of the pharmacy; (c) the Defendant could easily have access to the stroke m; (d) the Defendant’s stroke stroke stroke stroke stroke stroke stroke strokes, which are similar to the stroke m, was discovered at the stroke m; (c) the Defendant recommended the victim to take the stroke stroke at the stroke stroke m, which is the place where the victim would drink; and (d) the Defendant committed the crime of rape injury and forced indecent conduct against the victim; and (e) the Defendant could have a motive to take the victim into consideration the fact that the victim did not have any influence on the stroke stroke stroke stroke stroke s stroke s s m, and there.

2) The sentence of the lower court’s improper sentencing is too unhued and unreasonable.

2. Determination

A. 1) The lower court’s determination on the Prosecutor’s assertion of mistake of the facts is reasonable in light of the following circumstances acknowledged by the evidence duly admitted and investigated by the lower court. The evidence submitted by the Prosecutor alone is of the violation of the Narcotics Control Act among the facts charged in the instant case.

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