logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대전고등법원 (청주) 2014.06.12 2014노74
강간치상
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. Maternal coordinates that victims suffered by misunderstanding legal principles are minor injuries to the extent possible to recover nature, and do not constitute injury resulting from rape.

B. The lower court’s sentence of unreasonable sentencing (two years and six months of imprisonment, and forty-hour order of sexual assault treatment programs) is too unreasonable.

2. Determination:

A. 1) As to the assertion of misunderstanding legal principles, injury resulting from rape is extremely minor and thus need not be the injury of the crime of injury resulting from rape in the event that there is no need to treat naturally and there is no obstacle in daily life. However, such argument is premised on the fact that there is no assault or intimidation to suppress the victim's resistance, or that there is an injury that is ordinarily likely to occur in sexual intercourse in accordance with an agreement, such an injury should be deemed as being injured if it is caused by such assault or intimidation. Whether the victim's health condition is changed as bad and has an obstacle to the function of life should be determined based on the victim's age, gender, body, etc., and mental condition, rather than on objective and uniform basis (see, e.g., Supreme Court Decision 2005Do1039, May 26, 2005). However, in light of the above legal principles, the victim and the victim's body and the victim's body were separated from the victim's body on the day when they were lawfully adopted and investigated and the victim's body within the victim's body.

arrow