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본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
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(영문) 서울고등법원 2014.08.29 2014노1375
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)등
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. 1) The Defendant was in violation of the Punishment of Violences, etc. Act (a violation of the Act on the Punishment of Violences, etc. (a collective action, a deadly weapon, etc.) and did not inflict any bodily injury on the victim. The Defendant only exercised violence against the victim due to Aluminium flusium, main food, and wharf. 2) The Defendant did not have committed any act of restricting the victim.

The victim did not leave an officetel because the relationship between the victim and the defendant is apprehended to be known to the husband.

3) The Defendant, at the time of rape, did not have a sexual intercourse itself with the victim at the time of rape. There is no consistency with the victim’s statement regarding the time of rape, the method and frequency of assault and intimidation, the situation before and after rape, etc. (iv) The Defendant received hospital expenses from the victim and kept them in custody. However, the Defendant was out of the hospital to avoid a face-to-face with the victim’s husband and male and female, and the investigation was initiated and did not return to the victim. Furthermore, the hospital expenses were arbitrarily used by the Defendant’s wife, and there was no intent of embezzlement by the Defendant.

B. The court below's decision on the grounds of unfair sentencing (four years of imprisonment) is too unreasonable.

2. Determination

A. According to each evidence adopted and examined by the court below, the victim made a consistent statement about how to use violence, such as violation of the Punishment of Violences, etc. Act (a violation of the Act on the Punishment of Violences, etc. (a collective injury, such as a deadly weapon, etc.) (a violation of the Act on the Punishment of Violences, etc.), (b) the victim made a knife that knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife kn

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