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(영문) 대전고등법원 2015.04.10 2014노522
유사강간
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not more than ten months.

Sexual assault, 40 hours against the defendant.

Reasons

Judgment ex officio

A. In the first instance trial, the prosecutor maintained the original facts charged as the primary facts charged and applied for the amendment of the indictment with the content of adding the ancillary facts charged, such as the subsequent facts charged, and this court permitted this and added them to the subject of the trial. As seen thereafter, the judgment of the court below cannot be maintained in this regard.

B. However, even if the judgment of the court below has such reasons for reversal, the prosecutor's argument of mistake of facts as to the primary facts charged is still subject to the judgment of the court, so it shall be judged.

Judgment on the Grounds for Appeal

A. Around 22:00 on November 1, 2013, the Defendant was entitled to alcohol to the victim E (the mother of the Defendant) at the house located in Sejong Special Self-Governing City, Sejong Special Self-Governing City (the mother of the Defendant), and the Defendant was able to take alcohol to the victim E (the age of 35), the victim was deprived of the victim's arms even though the victim refused to do so, and the victim was laid off on a sofa, the victim's chest and shoulder were divided into the victim's chest and shoulder, and the victim's breast and shoulder were belbowed into the victim's chest, cut back the victim's chest, cut back the victim's chest, cut back his second finger, and put his second finger into the victim's sexual flag.

The act of putting the fingers of the victim in part of the body of the victim by putting the fingers of the victim who intends to leave the job, putting both knife and knife the knife of both knife and knife the victim's knife and knife the part of the victim's body after the victim's back.

B. The summary of the defendant and his defense counsel's assertion, and the summary of the judgment of the court below and the defendant's assertion of the defendant 1 and the defense counsel are recognized as the facts that the defendant puts the defendant's chest in the E's chest at the time and place specified in the facts charged and delivered the fingers and fingers into the E

However, this is limited to E and is not forced.

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