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(영문) 대구고등법원 2014.11.27 2014노487
성폭력범죄의처벌등에관한특례법위반(강간등치상)
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for three years.

information about the defendant for three years.

Reasons

1. Summary of grounds for appeal;

A. The injured party’s wife resulting from mistake of facts or misapprehension of legal principles does not constitute injury to the crime of causing rape.

B. Even if the facts charged in the instant case are found guilty, the lower court’s imprisonment (five years of imprisonment) is too unreasonable.

2. Determination as to whether the crime of bodily injury resulting from rape constitutes injury

A. The summary of the facts charged in the instant case is a person who works as delivery employee in the D Chinese restaurant located in Daegu-gun Group C, and the victim E (V, 43 years old) operates a F plant in the same respect.

On the other hand, the Defendant was aware of the fact that the above Chinese restaurant was delivering multiple times to the above factory while engaging in delivery, and on June 10, 2014, the day preceding the crime, the Defendant was aware that he/she was married to the above factory by delivering the delivery even around 20:28.

After having reached delivery as above, the Defendant 23:00 on the same day, and 23:50 on the same day, she diceed with the persons who were aware of usual knowledge and drinking in the above Chinese restaurant, and did not find the victim at around 23:59 on the same day, and on June 11, 2014 on the following day, in order to confirm the thought that he was in the victim mixed factory, but did not find the victim.

On June 11, 2014, the defendant entered the above factory again on June 11, 2014, and discovered that the victim gets married in the above factory and had the mind to rape the victim.

Therefore, the defendant had a face by suffering from the above Chinese restaurant because the victim is likely to be identified by himself, and has again been in the above plant with the escape knife for threatening the victim.

On June 11, 2014, at around 01:18, the Defendant used a knife, which is a dangerous object that was prepared in the above factory, and used the knife as the victim. The victim was playing while going on the floor and was on the part of the victim.

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