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The remaining part of the judgment of the court below which deducts a compensation order shall be reversed.
A defendant shall be punished by imprisonment for five years.
(b) the defendant;
Reasons
Summary of Grounds for Appeal
When committing the instant crime, the Defendant was in a state of mental health and physical disability, under the influence of alcohol.
The defendant was present at the police station to voluntarily confession the crime and urge the investigation, and even though this falls under the number of self-denunciation, the court below denied the establishment of self-denunciation.
The sentence of the lower court’s sentence of unfair sentencing (nine years of imprisonment) is too unreasonable.
Before making decisions on the grounds for appeal ex officio, this paper will examine ex officio.
The lower court determined that the Defendant, in collaboration with other persons, committed rape to a juvenile victim, thereby resulting in an injury to the entrance of the body at which the number of days of treatment cannot be determined.
In the crime of rape and bodily injury, the victim’s bodily health condition is inferior and the victim’s bodily function is hindered. As such, if the victim’s bodily condition is extremely insignificant and the victim’s bodily condition does not require treatment, and it does not interfere with daily life even without receiving treatment, and if the victim’s physical health condition is naturally changed due to the passage of the city, if the victim’s bodily condition is extremely weak.
The crime of injury resulting from rape shall not be deemed to be an injury because it is difficult to see that such injury was caused by the function of life.
(See Supreme Court Decision 2004Do483 Decided March 11, 2004, etc.). According to the evidence duly adopted and examined by the court below and the court below, on November 29, 2013, the day of the crime, the victim argued that the police officer's question, etc. who reported the crime of the perpetrator to the police on November 29, 201, when reporting the crime to the police on November 201, 201, when he reported the crime to the police, and that the police officer's open part is in the left part, and he is under the left part, and that the left part of the snow is hick, etc.; although there was a wife in the upper part of the victim's outer part, there was a relatively clean and high part of the body, the victim did not appeal to the victim that he received the treatment at the Dandong Hospital in the Han Generation School on the day of the crime.