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(영문) 광주고등법원 (전주) 2014.03.11 2014노9
준강간치상등
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for three years.

Provided, That the above punishment shall be imposed for four years from the date this judgment becomes final and conclusive.

Reasons

1. The summary of the grounds of appeal (legal scenarios) is acknowledged in light of the empirical rule that the victim had attempted suicide three times after the crime of this case, and that the victim's intention is presumed to have aggravated the victim's usual symptoms. The victim is presumed to require a medical professional treatment in the future, and the victim was found to have committed the crime of this case from the defendant who is entirely aware of the victim under the influence of alcohol, and sexual intercourse with the victim was confirmed by the male-child-child-child-child-child-child-child-child-child-child-child-child-child-child-child-child-child-child-child-child-child relationship. Thus, even if the victim had a mental sulmatism, there is a proximate causal relation between the victim and the victim even if the victim's state aggravated by the crime of this case, thereby denying causation between the crime of this case and the symptoms of polar disorder, thereby finding the victim not guilty of the injury of quasi-rape, which is part of the crime of this case, thereby affecting the conclusion of the judgment.

2. Determination:

A. The lower court determined based on the investigation report (report on data related to suicide), certificate of medical records, investigation report (report attached to confirmation mail, such as the victim's medical doctor's name, etc.), and diagnosis document, the victim's attempt to commit suicide on October 14, 2013, and on November 2, 2011 of the same year, stated that the victim was presumed to have aggravated the victim's normal symptoms, and the victim's medical doctor stated that the victim was presumed to have aggravated the victim's normal symptoms, and the victim continued to perform drug treatment and mental treatment, and at the next time, a mental health specialist.

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