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(영문) 서울고등법원 2016.09.09 2016노1802
성폭력범죄의처벌등에관한특례법위반(강간등상해)등
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. At the time of the instant case, the Defendant: (a) was aware of the fact that at the time of the instant case, the victim had been forced to commit rape and attempted to commit rape after suppressing resistance resistances; (b) however, there was no threat with the victim’s excessive efforts at the time of the instant case.

B. At the time of each of the instant crimes, the Defendant was in a mental and physical weak state by drinking alcohol.

(c)

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

(d)

There are special circumstances to exempt the accused from disclosure disclosure notification order.

2. Determination

가. 사실 오인 주장에 관하여 1) 원심의 판단 원심은, 이 사건 피해자가 경찰 및 검찰에서 “ 피고인이 등산 용 스틱으로 수차례 피해자를 때렸고, 과도를 피해 자의 목에 찌를 듯이 들이댔다.

“The victim’s statement consistently stated to the purport that it is difficult to view the victim’s statement as the victim’s statement because it is very specific and natural satisfy and is difficult to view it as the victim’s statement.

Then, following the premise that the Defendant could fully recognize the fact that the Defendant had threatened the victim by taking excessive steps in the items of the victim at the time of committing the rape in this case.

The decision was determined.

2) In light of the circumstances acknowledged by the lower court in light of the following circumstances acknowledged by each evidence duly admitted and investigated by the lower court and the lower court, the lower court’s finding of the above facts is justifiable, and there was an error of misunderstanding of facts as alleged by the Defendant.

subsection (b) of this section.

This part of the defendant's assertion is without merit.

(1) The Defendant, under investigation by the police, is in excess of the victim at the time of committing the crime of rape in this case.

was believed to have been

The defendant made a statement (32,36 pages of evidence). The defendant made such statement due to the police's return to the police.

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