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(영문) 부산고등법원 2017.10.19 2017노344
준강간
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. In light of the factual misunderstanding and legal principles, the Defendant did not have quasi-rapeed the victim in a state of imprisonability while drunk due to the same circumstance as the stated in the facts charged in the instant case; Provided, however, there was only the fact that the victim has sexual intercourse two times under the agreement with the victim, but the court below held the victim in a state of imprisonability by taking each of the statements at investigation agencies of the victim D and at the court of the original instance as they are not reliable. However, the court below held the victim in a state of imprisonability due to

Therefore, the court below erred by misunderstanding facts or misunderstanding legal principles, which affected the conclusion of the judgment.

B. The sentence that the court below sentenced to the defendant (one year and six months, etc. of imprisonment) is too unreasonable.

2. Determination

A. As to the assertion of misunderstanding of facts or misapprehension of the legal doctrine, the Defendant asserted the same purport in the lower court, and on this basis, the lower court convicted the Defendant of the instant facts charged on the basis of the legal principles as indicated in the judgment and the circumstances acknowledged by

Examining such judgment of the court below in comparison with the evidence duly adopted and examined, the judgment of the court below is just and acceptable, and the statement of the court witness J alone cannot reverse the fact finding and judgment of the court below. Thus, this part of the defendant's assertion is without merit.

B. As to the unfair argument of sentencing, various circumstances unfavorable to the defendant, which were shown in the court below and the trial proceedings at the court below (the crime of this case committed by the defendant, is committed by the defendant, in light of the criminal facts stated in the court below's decision, and the victim's sexual intercourse with the victim's sexual intercourse with the victim's sexual intercourse with the victim's sexual intercourse with the victim's sexual intercourse with the victim's sexual intercourse with the victim's sexual intercourse with the victim's sexual intercourse

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