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(영문) 대전고등법원 (청주) 2016.10.20 2016노72
성폭력범죄의처벌등에관한특례법위반(강간등상해)등
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for two years.

However, for three years from the date this judgment becomes final and conclusive.

Reasons

1. Summary of grounds for appeal;

A. misunderstanding of facts or misunderstanding of legal principles (based on the violation of the Act on the Punishment, etc. of Sexual Crimes) 1) The Defendant cited dangerous objects at the time of the instant case and partly assaulted or threatened the victim. However, as stated in this part of the facts charged, the Defendant did not in a way beyond the floor of the victim by harming the victim’s face, etc., or by drinking the victim’s face, etc., and breaking the victim’s hair at one time in his/her hand, and breaking the victim’s head, thereby destroying it up to the floor. Although the Defendant has a sexual relationship with the victim, the Defendant has a sexual relationship with the victim. However, even if the Defendant is acknowledged to have sexual intercourse after the victim’s assault was completed, if the Defendant did not have the intent to rape the victim when he/she assault or intimidates the victim, it does not constitute an injury to the opportunity to commit rape.

B. The sentence imposed by the lower court (five years of imprisonment) is too unreasonable.

2. Judgment on misconception of facts or misapprehension of legal principles

A. On December 4, 2015, the Defendant: (a) around 21:40 on December 4, 2015, the summary of this part of the facts charged: (b) the victim E (hereinafter “D”) under the law, in front of the office of “D” located in Cheongju-si Office C, would not enter the above office; and (c) the victim’s neck was used on the floor once, with the victim’s left eye, at one time, and the victim’s strokes down on the floor; (d) carried the victim’s arms into the above office; and (e) carried the victim’s necks into the above office; (e) fastening the office door with locking the locked of the office door; and (e) piling up the office door, etc. at the entrance of the office, thereby preventing the victim from escape.

In addition, the defendant is a deadly weapon in the above office after he was seated with the victim.

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