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(영문) 서울고등법원 2014.12.04 2014노2121
유사강간상해등
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for eight years.

The information on the accused shall be disclosed for a period of ten years.

Reasons

1. Summary of grounds for appeal;

A. The Defendant alleged a misunderstanding of facts did not commit any similar rape by inserting fingers in the victim’s sexual organ within the victim’s sexual organ, and did not intend to die without a written agreement and threaten the victim. However, the judgment of the court below which found the Defendant guilty of the injury caused by similar rape and intimidation among the facts charged in the instant case, is erroneous in the misapprehension of facts, which affected the conclusion of the judgment.

B. At the time of committing the crime of quasi-Rape and injury, the Defendant was in the state of mental disorder or mental disorder.

C. The sentence imposed by the lower court on the assertion of unfair sentencing (ten years of imprisonment) is too unreasonable.

2. Determination

A. The first similar rape injury part of the judgment of the court below also argued to the same effect as this part of the grounds for appeal. The court below, which is acknowledged by the evidence duly examined and adopted, stated the following circumstances: ① the victim D’s statement about the situation at the time of the act, the content and degree of damage, etc., is generally consistent, specific, and contain the victim’s statement about the circumstances that the victim did not directly experience; ② the victim’s chest, ship, bucks, bucks, kacks, knicks, and bridges, etc., where the victim’s chest, knicks, and the victim’s chests, and the victim’s injury diagnosis and knicks, and knicks to request the victim to confirm the location of the victim; and the overall situation at the time of the occurrence of this case, etc., are consistent with the victim’s statement. The victim’s motive or circumstance at the time of the act did not appear to have been the victim’s motive to make a statement.

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