(영문) 대전고등법원 2018.04.06 2017노484 | 리걸엔진

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글꼴

크기(pt)

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줄 간격

자간(%)

(영문) 대전고등법원 2018.04.06 2017노484

성폭력범죄의처벌등에관한특례법위반(강간등치상)

Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for five years.

Sexual assault against the defendant for 80 hours.

Reasons

1. Summary of the grounds for appeal (misunderstanding of facts, misunderstanding of legal principles, mental or physical weakness, and improper sentencing)

A. The Defendant: (a) discovered the victim with a mind to rape; (b) did not initiate the commission by changing his mind to the immediately preceding crime.

B. Although there was a fact that misunderstanding the legal principles that the defendant inflicted an injury by assaulting the victim, this constitutes a legitimate defense that is to protect the victim by putting the victim first and assaulting the defendant.

(c)

At the time of the case, the Defendant was in a state of mental and physical weakness due to mental division.

(d)

Even if the defendant's act of sentencing is found guilty, the sentencing of the court below (the completion of the sexual assault treatment program for 6 years and 80 hours) is too unreasonable.

2. Determination

A. In full view of the following circumstances acknowledged by the lower court’s judgment and the evidence duly admitted and investigated by the lower court as to the assertion of misunderstanding of facts and legal doctrine, the Defendant may be recognized as having invaded upon the victim’s residence as stated in the facts constituting an offense in the lower judgment, as the victim’s intent to rape.

Therefore, the defendant's above assertion that the defendant only used violence to defend the victim's attack without the victim's intent to rape.

1) Before committing the instant crime, the Defendant was aware of the victim’s residence, and was aware of the victim’s structure, inspection, and visit location of the victim’s residence, and had planned access to the victim’s residence with the knowledge that the victim was residing in a mixed person. At the time of committing the instant crime, the victim was deprived of his clothes in advance and became aware of the victim’s body at the time of committing the crime, and invaded into the room. The Defendant himself committed the said act with the intent to rape the victim at the time.

The recognition is recognized.

2) The victim is a woman aged 68 years old, while the defendant was a 51-year old female.

유사 판례

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