성폭력범죄의처벌및피해자보호등에관한법률위반(특수강도강간등)
1. The part of the judgment of the court below against Defendant A regarding the case against Defendant A is reversed.
2. The defendant A shall be punished by imprisonment with prison labor for six years;
3.
1. Summary of grounds for appeal;
A. The sentence of the lower court (limited to 8 years of imprisonment) against Defendant and a person who requested to attach an attachment order A (hereinafter “Defendant A”) is too unreasonable.
B. Prosecutor 1) The lower court’s sentence in the part of the Defendant case against Defendant A is too unhued and unreasonable.
B) The lower court’s dismissal of Defendant A’s request for an attachment order against Defendant A despite the risk that Defendant A may recommit a sexual crime is unlawful.
2) As to Defendant B, Defendant A consistently committed the instant crime with Defendant B from the investigative agency to the court of the original trial.
Defendant B’s body weight was 80 to 81kg in the head of the sports at the time of the instant crime in the court of the court below, and Defendant B’s high-speed-friendly job offer I, at the time of the instant crime.
I stated that the victim was present, and that the victim was present.
In light of the fact that the statement is consistent with the appearance of the offender, although the facts charged against Defendant B can be sufficiently convicted, the court below rendered a not-guilty verdict, which is erroneous in the misapprehension of facts.
2. Determination
A. On November 22, 2005, the summary of this part of the facts charged is as follows: (a) Defendant B, along with Defendant A, was driven by Defendant A who was parked on the top of G in the Gumi-si, G on November 22, 2005, on a white car driven by Defendant A, who was parked on the top of G in Gumi-si, Seoul; (b) Defendant B was seated on the top of the steering line, and the victim H (W, 20 years old) who is an employee, delivered ap 2 apap 2 to the lower end of the said car.
Since then, Defendant A drive the said car, Defendant B called “I open any door, I am open,” and “I am ra, I am ra, I am stale, I am 10 times the face and head of the victim, 30 times the son’s face and head, so I am off the victim’s 250,000 won in cash and one cell phone distribution on the market price.”