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본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
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(영문) 서울고등법원 2014.09.19 2014노1129
강간
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The Defendant was found to have a sexual intercourse with the victim, but not by force, but by mutual agreement.

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

2. Determination

A. The judgment of the court below on the assertion of mistake of facts also asserted the same as the grounds for appeal, and the court below found the following circumstances acknowledged by the evidence duly adopted and investigated: ① the victim made a considerable detailed and consistent statement at the investigative agency at the time of the crime of this case; the victim’s photograph attached to the complaint of this case also appears to have occurred in the course of resistance against the victim’s arms and body parts, etc.; ② the victim was damaged at the time of the crime of this case; ② the victim was suffering from the victim’s injury diagnosis letter of injury; according to the victim’s injury diagnosis letter of this case, it appears that the victim was unable to have exercised the Defendant’s tangible power to control the victim; ③ the victim was sent to the victim by telephone at the time of the crime of this case; ③ the victim did not have been exposed to the victim’s phone call at the time of the crime of this case, but it appears that the Defendant did not have any contact with the victim on the day of the crime of this case; and ④ the Defendant did not have any contact with the victim.

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