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(영문) 서울고등법원 (춘천) 2014.02.05 2013노212
성폭력범죄의처벌등에관한특례법위반(특수강간)등
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. In relation to the facts constituting an offense of mistake of facts in the judgment of the court below, the defendant does not threaten the victim in knife, and in relation to the facts constituting an offense of crime 3, the victim did not threaten the victim as soon as possible, and there was a sexual relation under the agreement with the victim regarding the facts constituting an offense of crime 4.

B. The lower court’s sentence of unreasonable sentencing (three years of imprisonment) is too unreasonable.

2. Determination

A. We examine the argument of mistake of facts. The defendant and his defense counsel asserted that there was no fact that the defendant has threatened the victim in knife (related to paragraph (2) of the crime), and there was no intention to threaten the victim (related to paragraph (3) of the crime), and that sexual intercourse was conducted under the agreement with the victim (related to paragraph (4) of the crime), but the court below found the defendant guilty of the charges by compiling the evidence duly adopted and investigated, and rejected the above argument by considering the detailed reasons under the title of "decision on the argument of the defendant and the defense counsel" as to the above argument. It is sufficiently acceptable in its decision, and therefore, it can be sufficiently recognized that the defendant made rape by threatening the victim in knife on each day of the crime as stated in its decision of the court below, and rape against the victim's will, and rape against the victim.

[Defendant 2] In relation to the instant case, the victim stated that “I am kn’t kn’t kn’t kn’t kn’t kn’t kn’t kn’t immediately and kn’t kn’t kn’t kn’t kn’t kn’t kn’t kn’t kn’t kn’t kn’t kn’t kn’t kn’t kn’t kn’t kn’t kn’t kn’t kn’t kn’t kn’t kn’s kn’t kn’t

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