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(영문) 서울고등법원 2017.08.29 2017노1732
강간치상등
Text

The defendant's appeal is dismissed.

Reasons

The summary of the grounds for appeal is as follows: ① Ham-bel-bel-bel-bel-bel-bel-bel-bel-bel-bel-bel-bel-bel-bel-bel-bel-bel-bel-bel-bel-bel-bel-bel-bel-bel-bel-bel-bel-bel-bel-bel-bel-bel-bel-bel-bel-bel-bel-un

In addition, it is difficult to recognize that the upper part is minor and thus, it falls under cases where natural healing can be naturally cured and there is no difficulty in daily life even if the upper part is not treated separately. ③ In addition to the cases where it is not proven that the blood and the injury caused by the Defendant’s act was completely caused by the blood and the injury caused by the death of the Defendant, it is not clear whether the injury was actually caused by the death diagnosis certificate merely because it is the case diagnosed by the Defendant’s act.

Therefore, even though it is difficult to recognize the injury of rape as the injury in the crime of rape, the court below recognized it as the injury and found the injury guilty of the injury resulting from rape, which is erroneous in the misapprehension of facts.

The punishment sentenced by the court below to the defendant (4 years of imprisonment, etc.) is too unreasonable.

Judgment

In the event that there is no need to treat the injury resulting from rape as a consequence of the determination of the assertion of misunderstanding of facts, and there is no obstacle to naturally healing and daily life, the crime of injury resulting from rape does not constitute the injury of the victim. However, such grounds are based on the premise that there is no assault or intimidation that may suppress the victim’s resistance, or that the act of sexual intercourse is the same as the injury that may normally arise in the course of daily life, even if there is no assault or intimidation that may suppress the victim’s resistance.

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