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(영문) 서울고등법원 2013.05.24 2012노4338
아동ㆍ청소년의성보호에관한법률위반(강간등)등
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The Defendant did not have any intent to rape the victim and did not commit rape.

B. The lower court’s sentence of unreasonable sentencing is too unreasonable.

2. Determination

A. The following circumstances acknowledged by the evidence duly adopted and examined by the court below regarding the assertion of misunderstanding of facts are: ① the victim made a statement to the effect that he had sexual intercourse after suppressing the victim by means of under the influence of alcohol by blocking the victim's entrance and cocons with the victim who is unable to properly hold his body by hand, etc. ② According to the video recorded by the defendant, the victim was found in pro-friendly F, the defendant threatened the victim with sound, walking the victim's shock, blocking the victim's appearance, leaving the victim's appearance, leaving the victim's appearance, leaving the victim's appearance, leaving the victim's appearance, leaving the victim's appearance, and making it difficult for the court below to find that the victim's testimony and the witness's reply to the court below's decision that the victim's testimony were not legitimate; ③ the victim's inquiry was not made by the investigative agency and the court below to the effect that the victim's testimony and the witness's reply to the court below's decision that the victim's testimony were not made by the court below.

B. The instant crime on the assertion of unfair sentencing is committed by the Defendant as a minor victim.

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