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(영문) 서울고등법원 2012.10.25 2012노1181
성폭력범죄의처벌등에관한특례법위반(강간등살인)
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for twenty years.

Sexual assault against the defendant for 200 hours.

Reasons

1. Summary of grounds for appeal;

A. The fact that the defendant misunderstanding of facts has flicked a part of the victim, such as over-road victims, and flicked the victim several times due to illness, or deducted 400,000 won from the victim. However, there is no fact that the defendant attempted to kill the victim further, or that he knifed another part other than the victim, such as the victim, or raped the victim.

B. When committing the instant crime, the Defendant was under the influence of alcohol and was in a state of mental or physical disability or mental disability.

C. The lower court’s imprisonment with prison labor is too unreasonable.

2. Determination:

A. Before the judgment on the grounds for appeal ex officio, prior to the judgment on the grounds for appeal of ex officio, the prosecutor examined the facts charged, “The defendant exceeded the above transition period from the part of the victim who was unable to resist with the arms and legs in excess (11cc in length, 21cc in total) and obstructed the victim,” and “The defendant exceeded the victim’s neck once in excess (11cc in length, 21cc in total) and changed the victim’s neck to the part of the charges so that he could no longer be able to resist the victim’s death by making it possible for the court to grant permission to change the above part of the charges to the part of the case by making it impossible for the victim to do so more than once after being fully aware that the victim’s neck was satched, and the part of the judgment below to the contrary.”

Nevertheless, the defendant's assertion of misunderstanding of facts, defectiveness, or mental disorder is still subject to the judgment of this court, and this is examined below.

(b) mistake of facts;

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