(영문) 서울고등법원 2012.11.23 2012노2835 | 리걸엔진

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(영문) 서울고등법원 2012.11.23 2012노2835

성폭력범죄의처벌등에관한특례법위반(강간등치상)등

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The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for five years.

Information on the Defendant’s disclosure is an information and communications network.

Reasons

1. Summary of grounds for appeal;

A. There was no causal link between the Defendant’s act of assertion of mistake of fact and the injury suffered by the victim, and the Defendant was unlikely to expect that the victim would suffer a bodily injury due to the fluence of the victim.

B. An order for disclosure and notification for a period of 10 years that the lower court ordered the Defendant to assert the illegality of the disclosure and notification order is unreasonable.

C. The sentence of imprisonment (seven years of imprisonment) imposed by the court below on the defendant is unreasonable.

2. Determination

A. 1) The lower court determined that the Defendant was guilty of the instant facts charged in view of the following circumstances acknowledged by the evidence duly adopted and investigated by the lower court, based on the following: (i) the victim’s injury was caused by the Defendant’s indecent act by force; (ii) the causal relationship between the Defendant’s crime and the victim’s injury; and (iii) the process of the instant crime and the situation at the time of the instant crime; and (iv) the lower court determined that the Defendant was able to anticipate the victim’s injury; (iii) the Defendant was aware of the fact that the victim was injured due to the tangible force used by the Defendant’s indecent act by force; and (iv) the Defendant was likely to have suffered the injury

Therefore, the judgment of the court below which found the Defendant guilty of the facts charged in this case is justifiable, and this part of the Defendant’s assertion is not accepted.

① According to the evidence of the court below, the victim saw the victim's fear of entering the house and defend himself by leaving the house in order to protect himself, and the defendant saw the victim's horse while pushing the victim's horse, and placed the victim's boom on the floor, and reported that the victim booms the victim, and deducted him from the victim.

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