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(영문) 서울고등법원 2016.04.05 2015노2348
준강간치상
Text

The defendant's appeal is dismissed.

Reasons

The grounds for appeal are examined within the scope of supplement in case of the reasons for appeal, as to the pleadings made on the six-time trial date after the submission period for the summary of the grounds for appeal, the grounds for appeal as to the contents asserted in the summary of the oral argument made on March 28, 2016 and the summary of the oral argument made on March 29, 2016.

In the argument at the sixth trial date after the deadline for submitting the appeal, and the summary of the first trial on March 29, 2016, the Defendant asserted that the Defendant cannot be held liable for “injury” to the effect that the Defendant was physically, mentally, or physically and mentally weak conditions due to drinking at the time of committing the instant crime, but it cannot be deemed a legitimate ground for appeal as it was raised after the lapse of the deadline for submitting the appeal.

In addition, ex officio examination of the following circumstances revealed by the evidence duly adopted and examined by the court below and the court below. The victim sent a consultation to the Gyeonggibuk-dong Center at around 21:50 on September 13, 2014 (to the Gyeonggi-do Center at around 22:20.20. The victim visited the Center at around 23:10 and received medical care and received the Nsanbu and the president R's diagnosis of "in the direction of 9:0 puls" and "out the center of the outer side" from the first inquiry of the facts by the court, and R determined that "When observing the above heat, it is possible to presume when the above heat was conducted, the above heat caused by the above heat was conducted within 24 hours on the ground that it was impossible to predict the time, but it was conducted within 24 hours on the ground that the defendant's act was conducted within the time limit of 24 hours on the basis that the defendant's act was conducted within the time limit of 24 hours on the basis of the correct answer."

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