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(영문) 서울고등법원 2014.05.02 2014노210
협박등
Text

The judgment of the court below is reversed.

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

Sexual assault, 80 hours against the defendant.

Reasons

1. Summary of grounds for appeal;

A. Rape of mistake (Rape) only committed a sexual intercourse under the consent of the victim D with an annual relationship, but did not rape the victim D.

B. The sentence imposed by the court below on the defendant (three years and six months of imprisonment) is too unreasonable.

2. Prior to the judgment on the grounds of appeal by the defendant ex officio, the court below found the defendant guilty in the absence of any supporting evidence as to the crime of fraud against each victim of the annexed Table 2, 6, and 10 of the annexed Table 2013 Man-Ma281 of the case against the defendant (No. 6 or 10 of the crime list), or found the defendant guilty without entirely stating the supporting evidence other than the confession of the defendant in the summary of the evidence.

(2) The court below found the defendant guilty on the sole ground of the confession of the defendant without any supporting evidence, although the prosecutor submitted the supporting evidence on this part and maintained guilty in the court below. However, the court below erred by misapprehending the legal principles as to the confession of the defendant and thereby affecting the conclusion of the judgment.

Supreme Court Decision 2007Do7835 Decided November 29, 2007 see Supreme Court Decision 2007Do7835 Decided November 29, 2007, while recognizing a defendant guilty of violating the Electronic Financial Transactions Act and causing property damage, the applicable provisions of the law are erroneous.

Therefore, the judgment of the court below on each of the above parts shall be reversed as it cannot be maintained, and the above reversed part shall be sentenced to a single punishment as a concurrent offender under the former part of Article 37 of the Criminal Act with the remaining part of the defendant. Thus, the judgment of the court below

However, the defendant's assertion of mistake is still subject to the judgment of this court, and this is examined.

3. The Defendant also asserted the same purport as the grounds for appeal in the lower court’s judgment regarding the Defendant’s assertion of mistake of facts, and the lower court’s judgment against the Defendant and the defense counsel’s assertion.

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