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(영문) 대전고등법원 2013.04.03 2013노55
강간치상등
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than two years and six months.

Sexual assault, 40 hours against the defendant.

Reasons

1. Summary of grounds for appeal;

A. The Defendant’s defense counsel at the first trial of the trial of the first instance on the grounds of unfair sentencing, along with the allegation of unfair sentencing. However, the Defendant’s defense counsel at the trial of the first instance on the grounds of appeal dismissed the assertion of mistake.

The sentencing of the lower court (two years of imprisonment and 40 hours of order to complete a sexual assault treatment program) is too unreasonable.

B. The lower court acquitted the Defendant of the charge of causing rape on the ground that the injury suffered by the victim does not constitute “a case where treatment is not acknowledged because it is extremely insignificant” but does not constitute injury to the crime of causing rape. In so determining, the lower court erred by misapprehending the legal doctrine or misapprehending the legal doctrine.

2. Judgment on the prosecutor's misconception of facts and misapprehension of legal principles

A. On November 5, 2012, around 13:30 on November 13:30, 2012, the Defendant: (a) at the “O” accommodation located in Asan-si N apartment 102 107 dong 107; (b) attempted rape of the victim P residing in the above heading room; (c) attempted rape; and (d) sustained injury, such as cerebrin, requiring treatment for about 14 days, by the victim.

B. The lower court rendered a not guilty verdict on the above facts charged on the following grounds: (a) In addition, minor symptoms, such as the bid and the scambing part of the victim’s neck, the scambling part of the chest, and the scambling part of the scambling part of the scambling part, are expected to be naturally lost without any specific treatment

B. The victim did not mention that he was injured at the first police’s statement and the accusation place. The victim stated the wound and flick, flick, and flicked flick at the wall at the time of the police’s statement. After the crime of this case, the victim did not mention the injury even when she talks about the contents of the damage to the remaining R living together with the victim. Thus, the victim himself was generated during the crime of this case.

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