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(영문) 부산고등법원 (창원) 2018.04.11 2017노345
성폭력범죄의처벌등에관한특례법위반(주거침입준강간)등
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The fact that the Defendant misunderstanding the fact (as to quasi-rape) entered a room in which the victim G (a person), was the victim G, and had sexual intercourse with the victim G, was true, but the victim G was not in a state of impregable by drinking alcohol at the time, and thus, the Defendant’s act does not constitute quasi-rape.

B. Mental and physical disorder (related to quasi-rape) is to be mitigated or exempted inasmuch as the Defendant was physically and mentally deprived or physically weak at the time of committing the instant crime, due to the breath of alcohol.

(c)

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

2. Determination

A. In light of the following circumstances admitted by the court below based on the evidence duly admitted and investigated by the court below as to the assertion of mistake of facts, the victim G was in an inception of alcohol and was in an inception of resistance, and the defendant can be found to have sexual intercourse with the victim G even though he/she was aware that he/she was in the above condition. Thus, the defendant's assertion of mistake of facts is without merit.

In the investigation conducted by the prosecution, the victim G d'(s) is the degree of drinking to the extent that she has been suffering from the illness, and the day is more than that.

With singing, it is also hard to memory that it returned to a penture without memory, and that it goes to a penture with the fourth floor.

술에 취해 잠을 자다 눈을 떴는데, 피고인이 자신을 간음하고 있는 것 같았고 처음에는 꿈인가 싶은 생각이 들다가 꿈이 아닌 것 같기도 하여 안 된다고 하였는데, 그럼에도 피고인이 계속 간음을 하려고 해서 화장실에 간다고 한 후 계단을 내려왔다.

The latter situation is not memory, but we enter Titts in the state of being brupted when it is well-beingd outside the house, as it occurs in Abrush, and it is now.

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