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(영문) 서울고등법원 2017.08.22 2017노1577
준유사강간치상
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for one year.

However, the above punishment for a period of two years from the date this judgment became final and conclusive.

Reasons

1. The summary of the grounds for appeal (unfair sentencing) is too unreasonable that the sentence imposed by the court below on the defendant (the imprisonment of two years and six months, the suspended sentence of three years, and the order to attend a sexual assault treatment lecture for 40 hours) is too unreasonable.

2. Ex officio determination

A. The summary of the facts charged in this case and the summary of the judgment of the court below in the judgment of the court below are as follows: “The defendant found out that he was off and locked off the victim F. (43 Does) with only the clothes f. (43 Does) in the E-WIG room located in Yeongdeungpo-gu Seoul, Yeongdeungpo-gu, Seoul on January 2, 2017, and the victim’s side gets off and diving the victim’s bridge several times.

As a result, the defendant applied the diesel to the victim's port on the victim's bridge, added his fingers to 1-2 times in the victim's port, and added his fingers to the victim's port on the victim's port, and added his fingers into the victim's port on the victim's port.

Accordingly, the defendant put the victim's sexual organ into the victim's resistance by using the victim's potential state of resistance, and in this process, the victim suffered injury to the victim due to the number of days of treatment.

“.” The lower court found the Defendant guilty of the facts charged based on the evidence in its holding.

B. Prior to the judgment on the grounds of appeal by the Defendant’s appeal, the injury in the crime of injury resulting from quasi-rape refers to the alteration of the victim’s physical health condition and the occurrence of obstruction to his/her living function. As such, the injury resulting from quasi-Rape is extremely insignificant and thus, it cannot be said that the injury constitutes the injury of injury resulting from quasi-rape, in a case where there is no need for treatment, and where there is no hindrance to natural therapy and daily life.

According to the evidence duly admitted and examined by the court below, the victim's statement prepared and submitted by the district team immediately after the crime of this case was committed by the defendant on January 2, 2017 is an resistance during the process of being locked at the saw or night room.

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