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(영문) 서울고등법원 2012.12.27 2012노3506
준강간치상등
Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The victim of mistake of fact (the defendant) was under the influence of alcohol at the time of quasi-rape of this case, but does not lead to the state of failing to resist in the crime of quasi-rape.

B. The Defendant was under the influence of alcohol at the time of the crime of the injury resulting from quasi-rape of this case and was in the state of mental disability or mental disability.

C. The Defendant asserts that, with respect to the sentence of unfair sentencing (two years and six months of imprisonment) by the lower court, the Defendant is too unreasonable, and the prosecutor argues that it is too uneasible and unfair.

2. Determination:

A. The defendant alleged the same purport as the above reasons for appeal, and the court below rejected the above argument in detail in the "decision on the defendant's and his defense counsel's argument". In light of the records and comparison of the above judgment of the court below, the judgment of the court below is just, and there is no error of law of misunderstanding of facts as alleged by the defendant, and the defendant's assertion of misunderstanding of facts is without merit.

B. In light of various circumstances, such as the background, means and method of the crime of injury resulting from quasi-rape, Defendant’s behavior before and after the crime, etc., which are acknowledged by the evidence duly admitted and investigated by the lower court in determining the Defendant’s mental disorder or quasi-rape, it cannot be deemed that the Defendant did not have the ability to discern things at the time of the crime of quasi-rape or make decisions at all, or that the Defendant’s mental disorder or quasi-rape

C. The fact that the Defendant had no record of criminal punishment prior to the instant crime, the crime of indecent act by compulsion among the facts charged shows the attitude of recognizing and opposing the Defendant’s sexual intercourse, and the Defendant’s family members want to have the Defendant’s prior position on the assertion of unfair sentencing.

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