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(영문) 대구고등법원 2018.02.22 2017노570
유사강간상해등
Text

The defendant's appeal is dismissed.

Reasons

The summary of the grounds for appeal (unfair sentencing) in light of the various sentencing conditions in this case, the punishment imposed by the court below (the disclosure and notification of personal information between three and half years, and the completion of sexual assault treatment programs for 40 hours) is unfair because it is too unreasonable (the defendant alleged in the grounds for appeal that there was no inclusion of the defendant's sexual organ in the victim's resistance with regard to the injury of similar rape in this case). However, although the defendant asserted that there was no omission in the victim's sexual organ on the first trial date, the defendant withdrawn the above argument to the effect that he did not dispute the misunderstanding of facts at the first trial date in the first trial, and arranged the argument that the misunderstanding of the above facts did not constitute a legitimate grounds for appeal, and even after ex officio examination of the above facts, there was an error of law by mistake

In light of the various sentencing conditions in the instant case, the fact that the Defendant was at the time of committing the instant crime and appeared to be against the Defendant, and that there is no record of punishment for sexual assault crime and there is no record of criminal punishment exceeding the suspension of execution, etc. are favorable to the Defendant.

On the other hand, while the crime of this case was committed with the victim living together, the victim died in the kitchen knife, threatened the victim, and threatened the victim again on the next day, and inserted the defendant's sexual organ into the port of the victim frighten in the after day, which is frighten, and then inflicted an injury in the course of the crime, in light of the circumstances of the crime, the method of the crime, the age of the victim, the relationship between the defendant and the victim, etc., the crime is very poor and serious, and the victim seems to suffer from physical and mental pain along with a considerable fear by the act of the defendant. The victim expressed his intention not to punish the defendant at the investigative agency, and the victim expressed his intention not to punish the defendant from the court of the court of the court to the trial of the court of the first instance.

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