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(영문) 부산고등법원 2013.11.13 2013노398
성폭력범죄의처벌등에관한특례법위반(강간등치상)
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 the grounds for appeal;

A. The injury suffered by the victim of misunderstanding of facts is extremely minor and does not cause any trouble in daily life even without treatment, and may naturally be cured following the passage of the time, and thus does not constitute “injury” in the crime of injury resulting from rape.

B. The punishment sentenced by the lower court (five years of imprisonment, 80 hours of order to complete a sexual assault treatment program, and 5 years of order to disclose or notify each of the above orders) is too unreasonable.

2. Determination

A. A. Around 2009, the summary of the facts charged was found to have become aware of the victim E (the age of 46) while running a singing practice room located in Gangseo-gu Busan Metropolitan City (D). On November 201, the Defendant entered the said singing practice room with one frequency of time in the number of months after taking a military embankment. On January 3, 2013, the Defendant: (a) around 01:05, at the said singing practice room operated by the victim, discovered the victim with electric lights, etc. for the purpose of demanding the victim to extend the payment of the credit amount; (b) tried to enter the singing practice room to rape the victim by taking the victim’s shoulder at his hand; and (c) tried to get the victim out of the body of the victim and to have the victim out of the body of the victim and to have the victim out of the body of the bar.”

However, the victim.

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