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(영문) 대구고등법원 2015.04.09 2014노562
강제추행상해등
Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. Defendant 1) In regard to a mistake of facts and misapprehension of legal principles, there is a fact that the defendant assaultss the victim and sacrifies the victim.

However, the defendant's act of taking the victim's bags was only aimed at preventing the victim from escaping for a continuous indecent act against the victim, and it does not aim to force the victim to escape.

B) As to the injury, the victim’s wife due to the Defendant’s assault does not constitute injury to the Defendant in the crime of indecent act by compulsion, injury, and robbery. Even if she had the intent to force the Defendant, and the victim’s wife’s wife was injured, the victim’s injury was caused by the assault, which is the means of indecent act by compulsion, and not by the assault, which is the means of robbery. 2) The Defendant was in a state of mental and physical disorder or mental disability under the influence of alcohol at the time of the instant crime.

3) The lower court’s sentence of unreasonable sentencing (two years and six months of imprisonment) is too unreasonable.

B. The Prosecutor’s sentence of the lower court is too unhued and unreasonable.

2. Determination

A. According to the following facts and circumstances acknowledged based on the evidence duly adopted and examined by the lower court as to the Defendant’s assertion of mistake of facts and misapprehension of legal doctrine, it is sufficient to recognize that the Defendant’s act of taking the victim’s bags by taking the victim’s possession from the victim, i.e., taking the victim’s intent to transfer under the Defendant’s control, without reasonable doubt, that the Defendant’s act with the intent of taking the victim’s possession

① From the side to the victim, the Defendant was able to enjoy the password of the studio building entrance of which the victim resides, making the victim’s face several times, confined the victim’s chests, and the victim was at the front of the studio building entrance due to the Defendant’s assault.

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