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본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
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(영문) 부산고등법원 (창원) 2013.12.13 2013노337
강간상해등
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. Under the agreement with the victim, the defendant was merely a sexual intercourse and did not rape the victim, and the victim took his/her body pictures and sexual relation pictures using a camera on his/her own, but the defendant did not forced the victim to take the above pictures, and the defendant told the victim that he/she would take the above pictures with a view to taxing to the principle of tax withholding. However, the defendant did not have the intent to agree with the victim as a long as he/she did so.

Nevertheless, the first instance court erred by misapprehending the fact that it convicted all of the crimes of rape, bodily injury resulting from rape, violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (Amerasation and photographing), and attempted rape.

B. The sentence imposed by the first instance court of unfair sentencing (three years of imprisonment, etc.) is too unreasonable.

2. Determination

A. As to the assertion of mistake of facts, the following circumstances acknowledged by the evidence duly adopted and examined by the first instance court, namely, ① the victim who has maintained an internal relationship for two years, was forced to maintain the relationship with the victim, who is the party to whom the relationship was terminated by his/her own will, and director, etc. Around 14:40 on March 10, 2013, the victim forced the victim to appear at the victim’s home place, and forced the victim to talk with his/her home by telephone, thereby forcing the victim to talk with his/her home, and sending the victim several times on the ground that the victim concealed the victim to live with her husband and the end father with her mother, and thereafter, the Defendant assaulted the victim several times on March 10, 2013 on three occasions on three occasions on three occasions, namely, the victim’s sexual intercourse with her mother.

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