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(영문) 서울고등법원 2015.01.08 2014노2719

준강간등

Text

The judgment below

Of the accused cases, the guilty part of the accused case (excluding the part of the compensation order) shall be reversed.

Defendant shall be punished by imprisonment for a period of two years and six months.

Reasons

1. Summary of grounds for appeal;

A. Defendant and the respondent for attachment order (the guilty part of the Defendant’s case in the lower judgment) appealed only from the lower judgment on the guilty part related to the applicant for compensation, on the grounds of unfair sentencing, and the lower court did not separately state the grounds for objection with respect to the compensation order.

1) The part concerning misunderstanding of facts [the part concerning the violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (Amerasia Use and Screening of Cameras)] Defendant and the person requesting an attachment order (hereinafter “Defendant”)

A) The victim D did not have taken photographs or videos on the date and time indicated in the facts charged, and the victim J taken photographs upon obtaining consent from the victim J. Nevertheless, the lower court found the Defendant guilty of all the charges on the violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (hereinafter referred to as the “Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes, etc.”), and there was an error of misunderstanding the facts in its judgment. 2) The lower court’s sentence of unfair sentencing (three years of imprisonment, eight-hour order of sexual assault treatment program, five years of disclosure of personal information, and five years of order of notification) is too unreasonable

B. Although the credibility of the victim’s statement that the victim was quasi-rapeed (not guilty part of the judgment of the court below) was erroneous (not guilty part of the judgment of the court below), the court below rejected the credibility of the statement and acquitted the victim on the basis of some attitudes that the victim suffered after the victim was damaged, the court below erred by misapprehending the above part of judgment of the court below.

B) Unreasonable sentencing (the guilty part of the Defendant’s case in the judgment of the lower court) is unreasonable because the lower court’s punishment is too uneasible and unreasonable. 2) The Defendant guilty of the Defendant’s claim for attachment order against the part of the case claiming attachment order, and the lower court’s dismissal of the Defendant’s claim for attachment order by

2. The defendant as to the part of the defendant's case.