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(영문) 서울고등법원 2017.09.07 2017노1396
성폭력범죄의처벌등에관한특례법위반(강간등치상)등
Text

Defendant

All A and prosecutor appeals are dismissed.

Reasons

1. Summary of grounds for appeal;

A. Defendant A, such as misunderstanding the facts of Defendant A1, threatened the victim’s head on the ground of an empty beer disease, and knife knife knife knife knife knife knife knife knife knife knife knife knife knife the victim’s left hand knife knife knife knife knife knife knife knife knife knife knife

2) The lower court’s sentencing against Defendant A, who was improper in sentencing, is too unreasonable.

B. Comprehensively taking account of the evidence submitted by the Prosecutor 1, the court below found the following facts: (a) Defendant A had a dangerous object jointly with Defendant A to rape and inflict bodily injury; (b) Defendant A had an custody of H jointly with I; and (c) Defendant B had an assistance by carrying a dangerous object jointly with Defendant A and I to facilitate rape and inflict bodily injury; (c) but the court below acquitted Defendant B of all of the facts charged. Accordingly, the court below erred in the misapprehension of facts.

2) The lower court’s sentencing against the illegal Defendants is too uncomfortable.

2. Determination

A. Defendant A also asserted that Defendant A had the same purport as the assertion of mistake of facts as that of the above facts, and the lower court rejected the above assertion in detail, with detailed statement of its determination.

In light of the circumstances revealed by the court below, the following circumstances, which were duly adopted and examined by the court below, i.e., ① Defendant A asserted that there was no empty be be a beer disease in the waiting room in G business establishment, so the Defendant did not threaten the head of the victim due to an empty beer disease. However, the victim of the crime committed by the court below did not “Defendant A.” in the court of the court below.

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