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본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
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(영문) 광주고등법원 2019.10.10 2019노110
강간치상
Text

The prosecutor's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. Comprehensively taking account of the evidence submitted by the prosecutor, such as the victim’s statement, which has credibility of assertion of mistake of facts, the court below found the defendant guilty of the injury resulting from rape among the facts charged in the instant case. The court below erred by misapprehending the legal principles.

B. The lower court’s determination on the grounds of unreasonable sentencing is too unjustifiable.

2. Determination

A. The summary of the facts charged is that the Defendant is the male-child body of the victim B (the age of 19 and female). At around 02:10 on April 7, 2018, the Defendant: (a) had the victim enter the mine area in Gwangju, Gwangju, with the victim; (b) had the victim feel her desire to remove his/her arms; and (c) forced him/her to attract him/her into the body of the victim; (d) at that time, the victim did not want to sprink; and (e) had the victim do so on his/her own bridge; and (e) had the victim take three times to stop his/her arms and trees; and (e) had the victim do so with his/her cellphones without having his/her cellphone bomb, so that he/she would be able to have his/her cell phone bombly cut off; and (e) the Defendant tried to have his/her cell phone bombly boom the victim’s body before leaving the victim’s eye and bur.

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