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(영문) 부산고등법원 2014.06.11 2014노163
강간등
Text

Defendant

All appeals by prosecutors are dismissed.

Reasons

1. Summary of grounds for appeal;

A. According to the evidence submitted by the prosecutor, although the court below found the defendant guilty of rape on three occasions by assaulting or threatening the victim, the court below erred by misapprehending the facts or by misapprehending the legal principles, which affected the conclusion of the judgment.

B. Defendant 1) misunderstanding of facts and misunderstanding of legal principles) The judgment of the court below which convicted the Defendant of the injury in spite of the fact that the Defendant did not have committed an injury due to plastic depression, is erroneous in the misapprehension of legal principles, which affected the conclusion of the judgment

B) The judgment of the court below convicting the Defendant of the violation of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (Amerass, Use and Screening of Cameras, etc.) against the victim's will, although the Defendant did not have taken photographs and videos against the victim's will, there is an error by misapprehending the facts or by misapprehending the legal principles, which affected the conclusion of the judgment, or by misapprehending the legal principles, which affected the conclusion of the judgment.

2) The lower court’s sentence of unreasonable sentencing (ten months of imprisonment, completion of a sexual assault treatment program for 80 hours, confiscation, and so on are too unreasonable.

2. Determination

A. On August 3, 2013, the summary of the facts charged in the judgment of the prosecutor’s assertion 1 is as follows: (a) around 12:00, the Defendant coming from “Fel”; and (b) took the victim drinking by exercising serious violence, such as paragraph (1) of the judgment of the court below, into the “Gel” guest room in the neighborhood; (c) write down the victim’s impression, and (d) the captain lives in a life-long sexual old age.

We have the inside of the Republic of Korea.

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