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(영문) 광주고등법원 2016.11.03 2016노336

성폭력범죄의처벌등에관한특례법위반(특수강도강간)등

Text

The prosecutor's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. Part 1 of the case of the defendant and the person requesting an attachment order (hereinafter referred to as the "defendant")

(2) In full view of the following facts: (a) around 2:40 minutes of a new wall, the Defendant was found to have commenced the commission of the crime of robbery during a net robbery that the Defendant demanded the victim to have a face-to-faced money, taking into account the following: (b) the victim’s intrusion into a house living together with the victim’s married at least 2:40 minutes of a new wall; and (c) the victim’s physical strength and the young Defendant was unable to resist with his ability to resist. Therefore, the lower court found the Defendant guilty of the violation of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (special robbery) from among the facts charged in the instant case; (b) however, the lower court acquitted the Defendant of this part by misapprehending the fact. (c) The lower court found the Defendant not guilty of this part of the charges (three years of imprisonment, confiscation, 40

B. It is reasonable for the lower court to dismiss the Defendant’s request for the attachment order of this case, even if it is recognized that the Defendant violated the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (special robbery) among the facts charged in the instant case, and the risk of recidivism is recognized.

2. Determination of the accused case

A. On March 25, 2016, around 02:40 on March 25, 2016, the Defendant: (a) removed the victim R (a) residing in Q from the house of the age of 68 to the house in Q of the Gwangju Mine-gu in his/her hand; (b) infringed on the victim’s right to money; and (c) waived the victim’s money; and (d) waived the victim’s money; (b) given that the victim did not have money; (c) the Defendant renounced the victim’s money and valuables.

The defendant continued to talk with the victim's chest by hand, forced off the victim's upper, lower, and clothes, and attempted to rape after saving the body of the victim into the body. However, although the victim tried to commit rape, he/she is suffering from the body of the victim.