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본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
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(영문) 서울고등법원 2015.09.24 2015노2118
성폭력범죄의처벌등에관한특례법위반(특수강간)등
Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

Summary of Grounds for Appeal

The punishment (five years of imprisonment) imposed by the lower court is too unreasonable.

The judgment of the court below which acquitted the defendant of this part of the facts charged in the reason of the judgment is erroneous in the misapprehension of facts, and affected the conclusion of the judgment, although the defendant, around April 26, 2015, posted a kacker knife and a knife knife knife knife knife knife knife knife knife knife, which

The sentence imposed by the court below of unfair sentencing is too uneasible and unfair.

Judgment

On April 26, 2015, around 17:00 on April 26, 2015, the summary of this part of the facts charged by the prosecutor's assertion of mistake of facts was carried out by the defendant by inserting one kacker, a dangerous object, and one dacker in the Defendant's house, while entering the knicker's house as the key which had been copied in advance, and invaded the victim's residence.

Judgment

The court below found the defendant guilty of this part of the facts charged on the ground that it is insufficient to recognize that the defendant possessed or used the above kackers and drackers with the intent to use them or to use them at the scene of the crime, and that the defendant did not express his intent to use them, on the ground that it was insufficient to recognize that he possessed or used them as the intent to use them in the crime, and that there was no other evidence to acknowledge this, on the ground that the defendant did not have any other evidence to acknowledge this part of the facts charged.

In light of the record, a thorough examination is conducted by the court below.

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