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(영문) 서울고등법원 2014.07.24 2014노1242
강간상해
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The Defendant, by mistake of facts or misapprehension of legal principles, injured the victim at the time and place stated in the facts constituting a crime as indicated in the judgment of the court below, and made a sex relationship under the agreement by making the victim defective in the sex relationship. Even though the Defendant did not have a sex relationship under the agreement with the victim, the Defendant later had the intention of quasi-rape against the victim who was unable to resist due to the Defendant’s harmful act, and thus, the crime of rape and quasi-rape is not established, regardless of whether the crime of rape and quasi-rape is established.

Nevertheless, the judgment of the court below which found the defendant guilty on the grounds of the victim's statement without credibility is erroneous in the misapprehension of legal principles or misconception of legal principles.

B. Although the Defendant committed the instant crime under the influence of alcohol at the time of committing the instant crime under the lack of capacity to discern things or make decisions, the lower court did not grant any reduction or exemption due to mental or physical disorder.

C. The sentence imposed by the lower court (five years of imprisonment) is too unreasonable.

2. Judgment on misconception of facts or misapprehension of legal principles

A. As to the argument that sexual intercourse occurred under the agreement with the victim, the court below also asserted that the defendant had sexual intercourse with the victim under the agreement with the victim. According to the evidence, the court below held that the defendant had the victim committed a bodily injury, such as the defendant's mouth, and had the victim take her fingers into the victim's clothes, and the victim went back to the victim's memory (09.00) after the victim's bodily injury. At that time, the defendant was not the defendant, and the victim was not the victim, and the victim was sing away from all the clothes at that time. The victim was sing down with the victim's clothes without the victim's clothes. The victim reported to the police thereafter, the victim suffered injury, such as the defendant's mouth, and the victim suffered injury to the victim's body, and the victim was also exposed to the P.M. on the crime date of this case.

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