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(영문) 광주고등법원 2016.08.25 2016노176
강간상해
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for one year.

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

Reasons

1. In light of the summary of the grounds for appeal (misunderstanding of the facts, misunderstanding of the legal principles) and the objective circumstance of the victim's injury, etc. and the defendant's statement that are not consistent with the victim's statement, etc., the court below rejected the credibility of the victim's statement and acquitted the facts charged of this case.

2. Determination

A. A. An ex officio determination prosecutor filed an application for changes in the indictment with the following facts added as the conjunctive charge, the name of the ancillary crime, the applicable law, the "injury", "Article 257 (1) of the Criminal Act", and the application for changes in the indictment with the following facts added as the ancillary charge.

The judgment of the court below is no longer maintained as the subject of the judgment was changed by this court's permission.

However, despite the above reasons for ex officio reversal, the prosecutor's mistake and misapprehension of the legal principles are against the primary charges of this case, and thus it is not contrary to the additional conjunctive charges, and thus, it is still subject to the judgment of this

In this regard, I will examine this.

B. 1) On January 4, 2016, the summary of the facts charged in the instant case is as follows: (a) the Defendant attempted the Defendant to receive benefits from the reduction of or exemption from taxes on basic livelihood in his house located in Mayang-si building 302 on January 4, 2016; (b) had the Defendant drinkd the Victim D (50 years of age) with his mind to rape the Defendant; (c) had the Defendant her head knife and knife the victim’s head knife and knife the victim’s face with his hand on one occasion; and (d) had the victim’s head knife and knife his head knife the victim’s head knife; and (d) had the victim’s head knife the victim’s head knife the victim’s head knife.

2) The lower court’s judgment.

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