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(영문) 서울고등법원 2014.12.11 2014노2626
강간치상
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than two years and six months.

Sexual assault, 40 hours against the defendant.

Reasons

1. Summary of grounds for appeal;

A. Defendant 1) Defendant 1’s assertion of misunderstanding of facts or misapprehension of legal principles is that: (a) the victim was placed on the floor by putting the victim’s arms against the victim; (b) the victim was not threatened by assaulting the victim or threatening him to kill the male-child her; (c) sexual intercourse was committed on the part of the victim; and (d) the victim’s wife did not contain sexual intercourse; and (c) the victim’s wife did not constitute injury as referred to in the crime of causing rape. However, the lower court found the Defendant guilty of the facts charged in the instant case, which erred by misapprehending the legal principles or by misapprehending the legal principles, thereby adversely affecting the conclusion of the judgment. (b) The lower court’s conviction (two years and six months) on the ground of unfair sentencing is unreasonable.

B. The sentence imposed by the lower court is too uneasible and unfair.

2. Prior to the judgment on the grounds of ex officio appeal, the prosecutor shall examine ex officio prior to the judgment on the grounds of appeal, and in the existing facts charged, the prosecutor shall make the victim feel from 06:00 on the same day to 07:00 on the same day, and in the previous facts charged, he shall threaten the victim to rape, and threaten the victim to “to kill male-child with the victim,” so as to prevent the victim from resisting the victim, and shall take the victim out from the kitchen towards the kitchen, and sexual intercourse with the victim at one time, and rape the victim in the part “, from 06:00 on the same day to 07:0 on the same day, the defendant threatened the victim, “I will kill his male-child-child with the victim,” and forced him to take the victim’s arms from the bend, and then, changed the victim’s body from the floor to the victim’s body, and made the victim out of the victim’s body and made the victim’s body at one time to commit rape.

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