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(영문) 서울고등법원 2016.08.25 2016노1671
강간치상
Text

All appeals by the defendant and the prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. Although Defendant 1 did not cause injury to a victim by misunderstanding the facts, etc., the lower court found Defendant guilty of the facts charged of this case. In so doing, the lower court erred by misapprehending the legal doctrine or misunderstanding of facts.

2) The lower court’s improper sentencing is too unreasonable.

B. The lower court’s sentencing is too uncomfortable.

2. Determination

A. In light of the following circumstances, which are acknowledged by the lower court to comprehensively consider the evidence duly admitted and examined by the lower court regarding the Defendant’s assertion of mistake of facts, etc., the victim’s statement is reliable, and the Defendant may sufficiently be admitted the fact that the Defendant attempted to rape as stated in the lower judgment, and there is no other evidence to reverse this. Therefore, the above assertion by the Defendant is without merit.

1) When conducting the first investigation at the police, the victim “dices a good drinking while living together with the Defendant’s first living together.”

After the victim closes the door of singing in the middle of the new wall, it was too difficult for the defendant to see the door on his arms.

The injured party wanting to escape from the accused, and the accused fleded to the sing room of the singing room. The accused, who wanted to escape, has come to the place of the victim's clothes.

The defendant's act of causing the victim's injury, leading him into the studio of singing room, and served the victim with drinking on both sides, and then served on the wall.

It was too difficult to capture from satisfy.

The defendant teared the clothes of the victim, and the victim was living. However, the defendant was lying the victim from lying the victim, and the defendant tried to bring the disease to the part of the victim.

The defendant was off of clothes in order to escape from the victim, and there was a letter to the defendant.

When the injured person refuses to stop with the accused while continuing to do so, the accused is at the face of the injured person.

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