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(영문) 대전고등법원 2020.11.27 2020노239
강간
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than one year and six months.

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

Reasons

1. Summary of the grounds for appeal - The lower court’s imprisonment (two years of imprisonment, etc.) is too unreasonable.

[The defendant and his defense counsel asserted the error of facts and the grounds for appeal as the grounds for appeal. However, the prosecutor argued in the appellate brief that the previous facts charged regarding rape were the primary charges. The prosecutor added "similar rape" to the name of the crime, "Article 297-2 of the Criminal Act" to the applicable provisions of the Act, and "the defendant" to the facts charged at the house of the victim C (n, 20 years of age) in the Dong-gu, Dongnam-gu, dong-gu, 2019, around July 28, 2019, on the ground that he borrowed dental drugs, the victim was demanded to promptly her gender, but the victim was refused, and the victim's face was taken toward the defendant's sex, and applied for the amendment of the indictment by giving force to the name of the victim, and the defendant's prior application for the amendment of the indictment was made in accordance with the previous grounds for appeal, which are the grounds for appeal of unfair sentencing, and thus the court below's prior grounds for revocation of the indictment and its prior grounds for appeal were sufficiently admitted.

2. Determination

A. The following circumstances are favorable to the Defendant:

In the first instance, the circumstances favorable to the defendant, which are not punishable by the victim, shall be changed.

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