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(영문) 대전고등법원 2014.11.14 2014노373
강도강간미수등
Text

The judgment below

The part of the defendant's case shall be reversed.

A defendant shall be punished by imprisonment for nine years.

For the defendant.

Reasons

1. Summary of grounds for appeal;

A. The judgment of the court below which acquitted the Defendants on the charge of attempted robbery, rape, and injury by robbery among the facts charged in the instant case by mistake of facts or misapprehension of legal principles, even if the prosecutor's evidence submitted this part of the facts charged is found guilty.

B. The lower court’s sentencing (seven years of imprisonment) against the Defendant and the person subject to a request for an attachment order (hereinafter “Defendant”) is deemed unfair and unfair, and the lower court’s dismissal of the prosecutor’s request for an attachment order is also unreasonable.

2. Determination on the part of the defendant's case

A. (1) Determination on the grounds of mistake of facts and misapprehension of legal principles on the charges of appeal (1) the Defendant, among the facts charged in the instant case, committed robbery and injury by robbery, had the female returning alone in mind, with the intent of force and rape against the female returning alone at night. On August 19, 2004, the Defendant discovered the victim C (53 years old) parked in F rocketing and other cars at the former E Hospital, and found the victim C (53 years old) at the end of the Gu E Hospital, around 01:30 on August 19, 2004, and made it impossible to resist the victim’s eye twice by taking the victim into custody, and preventing the victim from protesting against the victim’s eye by hand.

After that, the defendant, while driving the above car with the victim's boarding on the steering of the above car, was about 01:50 on the same day, and at around 01:50 on the same day, the defendant tried to rape the victim while continuing to rape the victim by "the victim, who was fright off, fright off, fright off, and fright to fright off the clothes of the victim at the point 219 km away from the right to 219 km away from the right to fright away," and "the fright to fright off the clothes, fright to fright to fright to fright to fright to fright to fright to fright to the request of the defendant, but the victim knew the defendant by "the fright to fright to fright to fright to fright to fright

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