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(영문) 광주고등법원 (제주) 2014.02.05 2013노75
성폭력범죄의처벌등에관한특례법위반(특수강간)등
Text

The judgment below

The remainder of the compensation order, excluding the compensation order, shall be reversed.

A defendant shall be punished by imprisonment for six years.

Reasons

1. Summary of the grounds for appeal by the Defendant and the requester for the attachment order (hereinafter “Defendant”)

A. misunderstanding of facts or misunderstanding of legal principles with respect to a violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (special rape) as indicated in the judgment of the court below, the defendant only committed a sexual intercourse with the victim E at the time with the consent of the victim, and did not commit a sexual act against his/her will. 2) With respect to a violation of the Punishment of Violences, etc. Act (collectively, deadly weapons, etc.) in the judgment of the court below, the defendant only committed the above victim with the consent of the victim E, and there was no abduction and confinement against his/her will.

3) Regarding the theft of the judgment of the court below, it is not the defendant, but E. 4) Regarding the violation of the Road Traffic Act (driving) as stated in the judgment of the court below, there was a fact that the defendant driven a vehicle from October 10, 201 to November 18, 200 of the same year. However, in some sections of the other sections, the defendant driven a vehicle at around 200 km without drinking at all, while driving the vehicle at around 200 km from October 30, 2012 to around November 18, 200 of the same year. However, in some parts of the other sections, the defendant driven the vehicle after drinking alcohol after the lapse of a considerable amount of time after drinking alcohol, and the amount of drinking water at the entire section cannot be deemed to be certain.

Furthermore, the Defendant’s blood alcohol concentration at the time of alcohol measurement includes the Defendant’s blood alcohol content after the end of driving, and it cannot be deemed that the Defendant was driven under the influence of alcohol content 0.161% as indicated in the facts constituting a crime.

5 With respect to the non-appeal of the decision of the court below, since all the contents of the defendant's complaint against E are true, the defendant is not guilty of false accusation.

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

2. Determination

A. The defendant's assertion of mistake of facts or misapprehension of legal principles (the violation of the Road Traffic Act (the meaning of sound driving) in the original judgment.

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