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(영문) 서울고등법원 2016.04.22 2016노510
강간치상
Text

All appeals by the defendant and prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. Prosecutor 1) In light of the misunderstanding of facts, and the degree and degree of the injury suffered by misunderstanding of the legal principles, and the degree of a misunderstanding of the victim’s arode, the injury to the crime of injury resulting from rape constitutes the injury to rape.

2) The sentence of the lower court’s improper sentencing is too unhued and unreasonable.

B. The lower court’s punishment is too unreasonable.

2. Determination

A. As to the prosecutor’s assertion of misunderstanding the facts and legal principles, the court below found the Defendant not guilty of the injury resulting from rape among the facts charged of this case on the ground that, in full view of the circumstances as indicated in its reasoning as indicated in the records, the injury resulting from rape among the facts charged of this case is difficult to be deemed as being injured in the crime of causing rape, on the ground that it is difficult to view the injury of rape among the facts charged of this case, on the following grounds: (a) the injury resulting from the victim’s conference, as described in the facts charged of this case, does not need to be treated

In light of the relevant legal principles and records, the above fact finding and judgment of the court below are justified, and there are errors as alleged by the prosecutor.

subsection (b) of this section.

The Prosecutor's ground for appeal pointing this out is rejected.

B. As to the unlawful assertion of sentencing by the Defendant and the Prosecutor, the instant crime is an unfavorable circumstance to the Defendant, such as the following: (a) the Defendant was raped by drinking alcohol from the main point of view that the Defendant had been aware of through online hosting to the telecom and drinking alcohol; (b) the Defendant had been sexually or physically suffering; (c) the Defendant had suffered considerable mental pain due to the instant crime; and (d) the Defendant had a pipe of sexual humiliation.

The defendant's mistake is recognized by all, and the defendant does not want the punishment of the defendant if the defendant agrees with the victim.

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