(영문) 대전고등법원 (청주) 2015.07.23 2015노36

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글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 대전고등법원 (청주) 2015.07.23 2015노36

준강간

Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for three years.

Sexual assault against the defendant for 120 hours.

Reasons

1. Summary of grounds for appeal;

A. Of the facts charged in the instant case, the part that “the Defendant got the victim to have sexual intercourse with the victim,” did not mean that “the Defendant got the victim to have sexual intercourse with the victim.”

B. The prosecutor (unfair punishment) of the lower court’s punishment (two years and six months of imprisonment, three years of suspended sentence, 40 hours’ order to attend sexual assault treatment programs, and 120 hours’ order to provide community service) is too unfluent and unreasonable.

2. Determination:

A. According to the evidence duly adopted and examined by the court below on the grounds of appeal by the defendant's assertion, it is reasonable to deem that the defendant got a victim of sexual intercourse with the victim with the victim of 18 years of age, in light of the following: (a) by dividing the victim of 5-6 illness into the victim of 5-6 illness; (b) the victim did not leave the victim's house; and (c) the defendant did not inform her mother of her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her mother;

(A) Even if not, it is merely a circumstance leading to the instant crime, and there is no direct relation with the sex of the instant crime). This part of the grounds for appeal is without merit.

B. As to the grounds of appeal by the prosecutor's assertion, the crime of this case is a sexual intercourse with the victim who is 18 years old or older with the victim in order to commemorate that the victim who was a party other than the defendant was aware of the College Ability Test in order to drink the victim's ability ability ability test. The crime of this case is a sexual intercourse with the victim who was under the influence of alcohol and left the victim's mind by breathizing the victim's sexual intercourse. In light of the relationship between the defendant and the victim, the victim's age, etc., the crime is very poor, and the mental damage caused by the victim or his/her family members seems to be difficult to be easily cured, and monetary compensation is given in nature

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