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(영문) 서울고등법원 2016.05.12 2016노29
강간상해등
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. Although the Defendant did not have taken the back of the victim's body condition, the lower court found the Defendant guilty of violating the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (Kameras, etc.) among the facts charged in the instant case. The lower court erred by misapprehending the legal principles.

B. The Defendant was in a state of mental and physical weakness under the influence of alcohol at the time of committing the instant crime.

(c)

Sentencing improper sentencing of the court below is too unreasonable.

2. Determination

A. The following circumstances acknowledged by comprehensively taking account of the evidence duly adopted and examined by the court below and the court below as to the assertion of facts: ① the victim and the prosecutor's office revealed the victim's personal body photographs taken on the cell phone, and stated in the police and the prosecutor's office that "if the defendant makes a report, he will send them to his family and male-gus, and if he does not make a report, he will be crossed out one week," the victim's face is taken together with the victim's face while the victim sits in her bed with her face. The victim's other two Chapters 2 and 3 of the court below made a consistent statement to the effect that "the victim is taken with the victim's photograph that the victim cannot be seen as being able to make a statement to the police where he made a report in light of the fact that "the victim's body cannot be seen as being able to be able to be taken up with the victim's photograph that the victim's body cannot be seen as being exposed to the police."

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