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(영문) 서울고등법원 2014.09.05 2014노1687
성폭력범죄의처벌등에관한특례법위반(강간등치상)
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The degree of injury resulting from an indecent act by force may not be the case of injury resulting from an indecent act by force on account of the minor degree of the respective salt coordinates and coordinates of the victim of mistake of facts.

B. The lower court’s sentence of unreasonable sentencing and exemption order of disclosure notification is too unreasonable, and there are special circumstances to exempt the Defendant from disclosure notification order.

2. Determination

A. 1) Determination on the assertion of mistake of facts is extremely minor and thus there is no need to treat the injury resulting from rape in the relevant legal principles and thus, it does not constitute injury to the crime of injury resulting from rape in a natural process. However, such argument is based on the premise that there is no assault or intimidation or threat sufficient to suppress the victim's resistance, or that the act of sexual intercourse is the same as an injury normally likely to occur in his/her daily life. Thus, if an injury exceeding the degree is caused by such violence or threat, it shall be deemed that the injury constitutes a crime of injury. Whether the victim's health condition is modified as bad and the function of life is interfered with the victim's physical and mental condition should be determined based on the victim's age, gender, physical and mental condition, rather than on a uniform basis (see, e.g., Supreme Court Decision 2005Do1039, May 26, 2005). In light of the above legal principles, the judgment of the court below and the evidence duly admitted by the victim's injury or injury caused by the victim's health injury.

Therefore, this part of the defendant's argument is without merit.

(1) The aggrieved person shall apply to the original judgment from an investigative agency.

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