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(영문) 서울고등법원 2014.10.10 2014노2101

강간등

Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for five years.

information about the defendant for seven years.

Reasons

1. Summary of grounds for appeal;

A. Defendant and the respondent for an attachment order (hereinafter “Defendant”) are “the primary place of crime indicated in paragraph (1) of the crime committed by the Defendant in the judgment of the lower court” (hereinafter “Defendant”)

(B) The lower court’s sentence of unreasonable sentencing is too unreasonable, since it was true that the victim had been raped, but did not have been inserted due to the lack of origin. As such, the crime of rape was committed. (b) The lower court’s sentence of unfair sentencing is too unreasonable.

2. In the part of the attachment order case, since the period of attachment of the location tracking device sentenced by the court below is too long, it is unfair to impose the prohibition of outing at night among the matters to be observed in the attached Form.

B. The Prosecutor’s sentence of the lower court is too unhued and unreasonable.

2. Determination

A. Of the part of the defendant's case, the defendant argued the same purport in the court below, and the court below has consistently stated the following circumstances acknowledged by the evidence duly adopted and investigated. The defendant from the investigative agency to the court of the court below that "the defendant sent the victim to the first place, prevented the defendant from leaving the victim on the floor, and caused the victim's sexual organ to a certain extent, although the defendant's sexual organ was not completely discovered, and entered the victim's sexual organ." On the other hand, the victim reported 112 that he was damaged by attempted rape immediately after the victim escaped from the defendant, but the victim reported that "the victim was sexual assault at the time of reporting to the wife because it is too difficult to see that he was sexual assault." In light of the fact that the victim was not disclosed at all about sexual relation as stated in paragraph (2) of the crime at the time of reporting the crime, the defendant's statement cannot be seen to be credibility only because he reported the attempted rape.