강간등
The judgment below
The part of the defendant's case against the defendant shall be reversed.
A defendant shall be punished by imprisonment for five years.
1. The lower court rejected the prosecutor’s request for an attachment order on the ground that it is difficult to readily conclude that the Defendant has a risk of repeating a sexual crime, on the grounds that the lower court found the Defendant guilty of charges charged against the Defendant in the Defendant’s case, imposed five years imprisonment, etc.
Since only the Defendant appealed against the lower judgment, the part of the lower judgment regarding the claim for attachment order against the Defendant does not have a benefit of appeal.
(2) Notwithstanding Article 9(8) of the Act on Probation and Electronic Monitoring, Etc. of Specific Criminal Offenders, the part of the request for attachment order is excluded from the scope of the trial of this court. Thus, the scope of the trial of this court is limited to the part of the Defendant’s case among the judgment below.
2. Summary of grounds for appeal;
A. 1) misunderstanding of facts and misunderstanding of legal principles regarding the third-party 3(c) crime at the time of the original adjudication, the victim E’s appearance was voluntarily made due to the interest in the appearance of peace, not by coercion of the defendant. 2) At the time of the original adjudication, the defendant assaulted the victim E with regard to the third-party 3(d) crime at the time of the original adjudication, but the victim’s sexual intercourse was not sexual intercourse under an agreement after the settlement with the victim E after the assault.
3) At the time of the original trial, the Defendant agreed with the victim E on April 10, 2018 regarding the crime of Paragraph 4 (Assault and rape) (the crime of Paragraph 4 was committed at the time of the original trial). On the same day, there was no assault (the crime of Paragraph 4(a) at the time of the original trial). At the time of the original trial, the Defendant was in a sexual relationship under the agreement, not the crime of Paragraph 4(b) at the time of rape (the crime of Paragraph 4(b) at the time of the original trial.