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(영문) 서울고등법원 2018.02.01 2017노2438
재물손괴등
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for two years.

Sexual assault against the defendant for forty hours.

Reasons

(2) On January 6, 2016, the Defendant did not have any intention to photograph the body of the victim against the victim’s will at the time, but did not have any intention to take the body of the victim against the victim’s intention (the use of a photograph, such as Kameras, etc., on January 4, 2016). (3) The Defendant did not have any intention to take the body of the victim against the victim’s intention on January 4, 2016; Act No. 1387, Jan. 4, 2016; Act No. 13884, Jan. 4, 2016; Act No. 13874, Jan. 3, 2016>

The Defendant only pushed the victim once, pushed the victim into the victim’s face, and voluntarily responded to the victim’s sexual organ by having the victim promptly take the victim’s sexual organ (the point of injury to quasi-Rape of the victim on January 6, 2016). (5) The Defendant did not force the victim’s intent by assault on January 6, 2016, and did not cause the victim to perform an act for which the victim is not obligated to do so.

The victim voluntarily expressed his/her intention not to punish himself/herself (the point of coercioned by January 6, 2016). 6. The Defendant taken the victim’s body on January 6, 2016, but did not have any intention to photograph the victim’s body against the victim’s intent at the time (the point of using the victim’s body, such as Kamerra, etc. on January 6, 2016). 7 The Defendant did not have any intention to take the victim’s body against the victim’s intent on January 6, 2016, and only brought it to the victim (the point of force of self-injury on January 6, 2016). The unfair sentencing sentencing of the lower court (five years of imprisonment, and forty hours of completing the sexual assault treatment program) is too unreasonable.

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