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(영문) 부산고등법원 2016.06.09 2016노68
강간등
Text

The defendant's appeal is dismissed.

Reasons

1. A summary of the grounds for appeal 1) The Defendant had sexual intercourse with the victim at the time, time, and place specified in paragraph (1) of the facts constituting the crime as indicated in the judgment below, and there was no assault or intimidation to the extent that it makes it impossible or considerably difficult to resist the victim, thereby committing rape.

B) Although the Defendant had sexual intercourse with the victim at the time and place specified in paragraph (3) of the criminal facts stated in the judgment below, the Defendant refused to engage in sexual intercourse while the victim who confirmed pregnancy ought to go to a hospital differently from ordinary time. As such, in the instant case, the victim’s booms the victim’s boom with the victim, but there was no assault or intimidation to the extent that it is impossible or considerably difficult for the victim who refused sexual intercourse to resist.

C) Nevertheless, the court below held that the defendant attempted to rape or rape by assaulting or threatening the victim under the circumstances stated in the judgment of the court below.

The judgment of the court below is erroneous by misunderstanding the facts and affecting the conclusion of the judgment.

2) The punishment sentenced by the lower court to the Defendant (three years of imprisonment) is too unreasonable.

2. Determination

A. 1) On the grounds that the Defendant denied this part of the charges of rape while asserting the same purport in the judgment of the court below, and the court below found the Defendant guilty of this part of the charges on the ground that the Defendant rapes as described in paragraph (1) of the facts constituting the crime in the judgment of the court below based on the evidence admitted by the evidence of the court below.

Examining the judgment of the court below in comparison with the records, the judgment of the court below is just, and there is an error of law as alleged by the defendant.

As such, this part of the defendant's seal cannot be seen.

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