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(영문) 대전고등법원 (청주) 2015.11.19 2015노115
강간미수등
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for one year.

However, for a period of two years from the date this judgment becomes final and conclusive.

Reasons

1. Summary of grounds for appeal;

A. In addition to the victim of mistake of facts, even though the victim made a verbal request for a sexual intercourse with the victim, the victim refused such request, and only did not commit violence or intimidation that may suppress the victim’s resistance, such as forcing the victim to place the victim on a bed, or intending to dance in a manner consistent with the facts charged.

B. The lower court’s sentence of unreasonable sentencing (one year of imprisonment and 40 hours of sexual assault treatment program) is too unreasonable.

2. Determination:

A. As to the assertion of mistake of facts, the court below's determination that the defendant committed an assault against the victim as stated in this part of the facts charged, and that the defendant started the execution of the crime of rape on the ground of its stated reasoning, such as the credibility in the victim's statement that corresponds to this part of the facts charged, on the ground that the defendant committed an assault against the victim as stated in its reasoning, on the ground that the defendant committed an assault against the victim, and thereby the defendant started the execution of the crime of rape, was justified, and there is no error of law such as misunderstanding of facts as alleged in the grounds for appeal.

This part of the grounds for appeal is without merit.

B. As to the assertion on unfair sentencing, the lower court appears to have committed the crime of this case, where each of the crimes of this case was committed by inducing the victim C, who was first sexual intercourse, attempted to rape, and attempted to intrude upon the victim F’s residence despite the detention of the police officer, and the nature of the crime was bad, and where the victim’s defense capability was insufficient in the case of attempted rape, the crime of attempted rape would have been completed.

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