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(영문) 서울고등법원 2014.04.11 2014노161
아동ㆍ청소년의성보호에관한법률위반(강간등상해)
Text

The judgment of the court below is reversed.

Defendant

A Imprisonment with prison labor for a maximum of two years and six months, for a short of two years, and for defendant B, for a period of one year and six months.

Reasons

1. Summary of grounds for appeal;

A. Defendants A (U.S.) and A (U.S.) Defendant A (U.S. 3 years of imprisonment with prison labor, and two years and six months of short-term) declared by the lower court against Defendant A were excessively unreasonable. (2) Defendant B’s assertion of misunderstanding of facts and misapprehension of the legal principles did not have any form of force to suppress the victim’s resistance, i.e., assault or intimidation. (b) Defendant B was under the influence of alcohol at the time of committing the crime, thereby having a mental and physical disorder.

C) The lower court’s judgment on the assertion of unreasonable sentencing (two years of imprisonment, two years of less than one year, and one year and six months of less) is too unreasonable. B. The prosecutor’s (the victim due to an erroneous determination of facts or misapprehension of legal principles as to Defendant B) aggravated the degree of blood transfusion, and it should be deemed that the victim inflicted a new form of injury on the victim.

2. Determination

A. Determination 1 on Defendant B’s assertion of mistake of facts and misapprehension of legal principles

In the judgment of the court below, the "defendant" also asserted the same as the above grounds for appeal, and the court below rejected the above argument in the "decision on whether to rape" among the "decision on the defendant B's assertion" in the judgment, and the judgment of the court below is consistent with the evidential materials, and it can be justified.

In addition, on August 4, 2013, the victim stated that the defendant was contacted with A and used a large amount of drinking prior to the clerical error in A, and that he was suffering from twice rapes from A before and after that, as stated in its reasoning, the victim suffered from the rapes twice from A. As to the circumstances leading up to L's house, the police stated that "I wanted to see how I would know about how I would know about what I would go, and how I want to see how I would see how I will not get out of the cab," and that "I would like to see how I would see how I would be able to see what I would be." However, I would like to see that I would be able to memory.

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