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(영문) 대구고등법원 2016.05.26 2016노16
성폭력범죄의처벌등에관한특례법위반(강간등상해)
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. Fact-misunderstanding or legal principles 1) The Defendant assaulted the victim on the day of the instant case on the day of the instant case. The Defendant spawned the victim who frighted to frighten and frighted to fright to frighten and fright to fright to fright to fright to fright to fright to fright to fright to fright to fright to fright to fright to fright to fright to fright to fright to fright to fright

Therefore, even though the Defendant did not commit rape by assaulting the victim and threatening the kitchen, the lower court found the Defendant guilty of the facts charged based on the victim’s statement that is not reliable. In so doing, the lower court erred by misapprehending the facts.

2) Even if the Defendant was forced to have sexual intercourse against the victim’s will, the Defendant was forced to have sexual intercourse.

In addition, the defendant did not commit the above injury to the victim with the intention of rape, not to mention that the defendant had been rape.

Therefore, even though the Defendant’s act constitutes concurrent crimes of injury and rape, the lower court erred by misapprehending the legal doctrine, thereby recognizing the liability for the crime of rape.

3) Among the part of the injured party's multi-child knee knee knee se kne se se se se se se se se se se se se se se se se se se se se se se se se se se se

Nevertheless, the court below recognized the establishment of the crime of rape, which is erroneous in the misunderstanding of facts or in the misunderstanding of legal principles.

B. At the time of the instant case, the Defendant was under the influence of alcohol and had weak ability to discern things or make decisions.

(c)

The punishment of the court below (five years of imprisonment) which is unfair in sentencing is too vague.

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