(영문) 서울고등법원 2013.04.25 2013노695 | 리걸엔진

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(영문) 서울고등법원 2013.04.25 2013노695

성폭력범죄의처벌등에관한특례법위반(강간등치상)등

Text

The judgment below

The part of the case of the defendant is reversed.

A defendant shall be punished by imprisonment for five years.

The defendant shall be 40 hours.

Reasons

1. Summary of grounds for appeal;

A. Legal principles and misunderstanding of facts (i.e., the Defendant only intended to commit an indecent act by compulsion at the time of committing a crime of paragraphs 1 and 2 of the judgment below, and there was no intention to rape, and only the Defendant’s act was in force of indecent act

Dor, the Defendant did not have a knife at the time of committing the crime of paragraph 2 of the decision of the court below, and only threatened the victim in the atmosphere of Akk-clim.

B. The sentence imposed by the lower court on the Defendant (six years of imprisonment) is too unreasonable.

2. Determination

A. (1) As to the Defendant’s assertion of misunderstanding of facts and misapprehension of legal principles as to the crime of paragraph (1) of the judgment of the court below, the Defendant asserted that the above mistake of facts and misapprehension of legal principles were the same as the allegations in the judgment of the court below, and the court below rejected the above assertion in detail. In light of the evidence duly admitted and examined by the court below, the judgment of the court below can be seen as legitimate; ② the place where the crime of paragraph (1) of the judgment of the court below was committed is rare, and there was a grass forest, and the Defendant considered the victim’s chest was difficult to accept the Defendant’s assertion that he thought that he was the victim’s chest. ③ When the Defendant went beyond the victim’s body with the victim, the Defendant was pushed the victim and the victim’s body, and “I kn't kn't kn't k to suppress the victim’s resistance; ④ The Defendant’s body, who was a dance instructor, was able to have committed the crime of paragraph (1).

Therefore, this part of the defendant's assertion is without merit.

Dor. The crime of paragraph 2 of the judgment below is committed.

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