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(영문) 서울고등법원 2016.09.13 2016노2077
강간상해
Text

The defendant's appeal is dismissed.

Reasons

The Defendant, who had a mental and physical weak mind and body, was under the influence of alcohol at the time of committing the instant crime.

The punishment sentenced by the court below to the defendant (three years of imprisonment) is too unreasonable.

Judgment

In the lower court’s determination as to the Defendant’s assertion of mental and physical weakness, the lower court rejected the Defendant’s assertion in detail on the 3 to 5th of the judgment. The lower court, based on the evidence duly admitted and investigated by the lower court, stated that the Defendant was the victim before committing the instant crime, namely, the following circumstances acknowledged by the evidence duly admitted and investigated by the lower court: (a) although the Defendant made a statement at an investigative agency to the effect that the Defendant was the victim before committing the instant crime, at the time of the investigation, the police statement was

It is merely a reply to the police officer’s participation in the police officer’s holding that the police officer’s statement was merely a “fluort,” and the prosecutor’s statement was made by the prosecutor, recognizing other women to be the victim, thereby making the victim’s principal statement.

The facts alleged to the effect that there was no fact that there was a victim prior to the instant crime, but the Defendant, in addition to the statement that “the victim had been entered several times,” by the police, entered the police room (Evidence No. 28 pages), and “Ap. Ap. Ap. Ap. A. A. A. a woman had a male-friendly tool. A. A. a woman had a male-friendly tool.

I would like to do so in a timely manner. I would like to do so.

There is no fact that "(29 pages of evidence)" and "(Rape)" do not think of any method, and take place in the match, and I think that the female I think.

The Prosecutor stated “(Evidence No. 32 page of the Evidence Record)”, and the Prosecutor stated that “The victim has been at the seat of the D Public Notice, and is at the seat of a coffee board in the main part of the D Public Notice, and that the victim enters the hallway public notice.

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