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(영문) 서울고등법원 2020.03.05 2019노2035

강간치상등

Text

The judgment of the court below (including the part not guilty in the grounds) shall be reversed.

A defendant shall be punished by imprisonment for four years.

(b) the defendant;

Reasons

1. Summary of grounds for appeal;

A. It is unreasonable to issue an attachment order of an electronic tracking device (hereinafter “ attachment order”) to the accused and the respondent for the attachment order, and the respondent for the probation order. 2) It is unreasonable to issue an attachment order of an electronic tracking device (hereinafter “order to attach an electronic tracking device”) to the person who requested the attachment order, despite the absence of the risk of recidivism of a sexual crime, to the person who requested the attachment order.

B. Prosecutor 1) In regard to misunderstanding of facts (Rape) as to the Defendant’s insertion of sexual intercourse, the victim F (hereinafter referred to as “victim” in this paragraph and its determination

() Although the statement is somewhat vague, considering that it was in a state of mixedness due to the exemption from water taken at the time by the victim, this is more natural, and when considering the fact that the defendant, who is well aware of whether the victim has sexual intercourse, has instigated the victim to dismiss the victim on the premise that there was a sexual relationship with the victim, the court below found the defendant not guilty of rape among the facts charged in the instant case, despite recognizing the fact that the defendant has sexual intercourse with the victim, is erroneous in the misapprehension of the facts of rape. 2) The sentence sentenced by the court below of unfair sentencing is too uneasible and unreasonable.

2. Determination of the accused case

A. As the prosecutor asserts in regard to the prosecutor's assertion of mistake of facts, in light of the following: (a) as the defendant instigated a female-friendly Gu E to dismiss the victim as a special injury crime in order to avoid the victim's complaint, the defendant is tending false facts on the premise that there was a sexual relationship between the defendant and the victim; (b) or (c) the defendant said to the effect that "the defendant denied the sexual relationship with the victim who is forced to enforce the victim on the day of the instant case and "the same shall apply to a single case", the defendant is not a sexual intercourse as stated in this part of the facts charged of rape.

However, the judgment of the court below is from 18 to 19 pages.