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(영문) 대전고등법원 2020.01.10 2019노426
상해
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than two years and six months.

However, for a period of four years from the date this judgment becomes final and conclusive.

Reasons

1. Summary of grounds for appeal;

A. Although a mistake of fact or misapprehension of legal principles on October 17, 2018, when the defendant committed an indecent act against the victim on or around 23:50 on October 17, 2018, the court below erred by misapprehending the legal principles and by dividing the act into the crime of indecent act by force and the crime of injury by force.

B. The lower court’s sentence of unfair sentencing (one year of imprisonment with labor and two years of suspended execution, etc.) is too unjustifiable.

2. Determination

A. The summary of this part of the facts charged is as follows: “1. Indecent act by compulsion” part of the facts charged.

B. The court below held that according to the evidence duly admitted and examined by the court below, it is difficult to conclude that the injury suffered by the victim was caused by the assault committed in the course of the time between the defendant and the victim, and that there was no evidence to acknowledge that the assault was committed in the course of the victim's refusal to commit an indecent act, and that there was no additional indecent act after the victim committed an indecent act. In light of these series of cases circumstances, considering the victim's desire, the act of indecent act by the defendant against the victim's desire is terminated, and the injury was caused by the assault committed in the course of the victim's speech, and that there was a causal relation with the crime of indecent act by the defendant, which was previously committed in the course of the time between the defendant and the victim, or that there was no evidence to acknowledge that the injury suffered by the victim was caused by the act of indecent act or accompanied by the act of indecent act by compulsion itself or by indecent act by force, the court below found only the crime of indecent act by force and the crime of indecent act by force.

C. The judgment of the court below is erroneous.

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