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(영문) 서울고등법원 2015.08.13 2015노856

준유사강간등

Text

The judgment below

The part of the defendant's case and the part of the claim for attachment order shall be reversed.

The defendant shall be punished by imprisonment for two years.

Reasons

The court below sentenced the defendant and the respondent for an attachment order (hereinafter referred to as "defendant") to the conviction of the accused and the respondent for an attachment order, ordered the imposition of location tracking device and matters to be observed, and ordered the probation order request to dismiss the prosecutor's request.

However, since only the defendant appealed against this, there is no interest in appeal as to the part of the judgment below's case of probation order.

Therefore, notwithstanding the provisions of Articles 21-8 and 9(8) of the Act on Probation and Electronic Monitoring, etc. of Specific Criminal Offenders, the part of the judgment below's request for probation order is excluded from the scope of this court's trial, and only the part of the judgment below's request for the defendant's case and the attachment order belongs

Summary of Grounds for Appeal

In relation to the fact-finding quasi-Rape in the part of the defendant's case, the defendant only kneee of the victim's knee in his/her hands in the process of realizing the victim's G being drunk, and there is no fact that he/she added his/her fingers into the part of the victim's sound, such as written in the facts charged.

A quasi-indecent act by compulsion was committed by the Defendant under an agreement with the victim M&, and the Defendant committed an indecent act against the victim who is unable to resist under the influence of alcohol, such as the victim’s chest by leaving the victim’s chest by drinking, and the victim’s chest by drinking.

The sentence of imprisonment (two years of imprisonment) imposed by the court below on the defendant is too unreasonable.

It is unreasonable that the court below ordering the defendant to attach an electronic tracking device.

Before the judgment on the grounds for appeal on the part of the Defendant’s case was made, the Prosecutor’s first examined the part concerning quasi-indecent act among the facts charged in the instant case at the trial.