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(영문) 대전고등법원 (청주) 2019.09.26 2019노97
성폭력범죄의처벌등에관한특례법위반(강간등상해)
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. Although the injury of a victim of misunderstanding of facts does not constitute the injury caused by rape, the lower court recognized that the injury was the injury caused by rape. In so determining, the lower court erred by misapprehending the facts and adversely affecting the conclusion of the judgment.

B. The lower court’s sentence of unreasonable sentencing (five years of imprisonment and order to complete a program) is too unreasonable.

2. Determination

A. The injury of an injury to a judgment of mistake of fact means that the injury of a victim causes the completeness of the body or the physiological function of the victim.

In a case where there is extremely minor circumstance accompanied by a assault and thus there is no difficulty in natural therapy and daily life due to the lack of treatment, the crime of injury shall not be injured. However, this is premised on the same degree as the wound that may normally occur in the daily life even if there is no assault. Therefore, if a wound exceeding such degree is caused by a assault, it shall be deemed that the wound is injured.

The determination of whether the physical integrity or physiological function of a victim is damaged shall not be objectively and uniformly determined, but shall be based on the physical, mental and physical specific conditions, such as age, gender, and physical strength, etc. of the victim.

(see, e.g., Supreme Court Decision 2007Do9794, Nov. 13, 2008; Supreme Court Decision 2014Do1726, Apr. 10, 2014). The following circumstances acknowledged by the evidence duly adopted and examined by the lower court, namely, ① the victim, who was within the direction of the police, knife, knife knife knife knife knife knife knife knife knife knife knife knife knife

Therefore, it is necessary to ask the answer in the process of leaving the body and leaving the body.

In the vicinity of the snow, the body flag, as well as the body flag, is flaged on the wall and flag.

Of the upper part, the upper part of the upper part is shaking the right one, and the hacks required.

The resistance shall be the first time.

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