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(영문) 서울고등법원 2017.02.03 2016노3666
성폭력범죄의처벌등에관한특례법위반(특수강도강간)등
Text

All appeals by the defendant and prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. Defendant 1) In fact, the Defendant, at the time of committing the crime of rape in special robbery, attempted to insert the sexual organ into the part of the victim’s sexual organ at the time of committing the crime of rape, but did not have been inserted due to the lack of origin, and thus, the crime of rape did not reach the number of pages.

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

B. The prosecutor (unfair sentencing)’s sentence is too unhued and unreasonable.

2. Determination

A. As to the Defendant’s assertion of mistake of facts, the lower court found the Defendant guilty of this part of the charges on the grounds that, in full view of the following circumstances acknowledged by the evidence duly admitted and investigated, the Defendant’s rape crime can be acknowledged without any reasonable doubt.

(1) The victim is found to have been off his own body after having the defendant take a Handphone in the police investigation.

It is again lying on the person who is trying to re-influence.

He stated that he was off, and she was frightened with his hands, and added his sexual organ to his hands.

The police officer first asked about the specific situation, "I am to prevent I am from her sexual organ at first.

“I do not at that time”

It is necessary to do so, however, that Icker will be detained.

It is necessary to do so, so that he can not see himself.

spits or spits on hand.

It is necessary to ask a person with a dysium in the state of a dysium.

Sheeted, boomed, cryped and cryped

“The statement was made”.

A police officer who has a question as to whether it is possible to be inserted with the source of origin at the time when the source of origin is inside shall be asked as to whether there was an insertion.

It is necessary to search for the failure to continue the hole after having answer “........”

Then, he stated that "I have gone back to the same place as he had been satisfed by his own satisfing," and that "I have gone to the police station," and that "I have gone to the police station. I have gone to the police station."

“Ne” is called “N”.

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