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(영문) 대전고등법원 2015.05.08 2014노587
성폭력범죄의처벌등에관한특례법위반(특수강간)등
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than two years and six months.

except that, for a period of four years from the date this judgment becomes final and conclusive.

Reasons

1. The summary of the grounds for appeal (two years and six months of imprisonment) by the lower court is too unreasonable;

2. The instant crime was committed by the victim, who had been in almost two years near, been notified of the degree of determination and refused to meet, and thus, the victim was dissatisfied with the instant crime and threatened the victim with the knife by finding the victim and threatening the victim with the knife, and rape, or carrying the knife with the knife in the course of the crime. In particular, the nature of the instant crime is very poor.

However, it seems that the defendant was inappropriate to take into account the circumstances leading up to the crime of this case, even though the defendant was using knife in the process of the crime, it seems that the defendant did not directly harm the body of the victim. The defendant agreed on the crime of this case and did not directly harm the body of the victim in that knife the defendant, and the victim was unilaterally notified of the knife due to the rejection of the knife and the attempt to improve the relationship with the victim, and the knife's identification received from another male and the victim was lost due to the cause of the crime of this case, and the defendant tried to inform the victim of the knife of the knife in the process of the crime of this case. The defendant expressed his intent to return the victim's mind in knife with the victim's body in fact, and the case of this case did not directly harm the victim's body in this case from the investigation stage to the court below and the court below.

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