특정범죄가중처벌등에관한법률위반(보복범죄등)등
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for twenty-five years.
One kitchen (No. 1) which has been seized, shall be 25 cm(25 cm).
1. Summary of grounds for appeal;
A. Defendant 1) In relation to the facts charged of mistake of facts (hereinafter “victims”), the Defendant is the victim C (hereinafter “victims”) at the Defendant’s home located in Geumcheon-gu Seoul Metropolitan Government D’s 103 on March 24, 2012, with respect to each assault and injury.
(2) With respect to the charges of rape, the defendant and the victim have sexual intercourses only twice under the agreement, and there was no violence or intimidation in the process. ③ With respect to the charges of confinement, the victim was in the house of the defendant from March 21, 2012 to March 24, 2012. However, with respect to the charges of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes, the defendant did not kill the victim, or did not commit murder with the purpose of retaliation, even though it was true that the defendant killed the victim, or that the defendant did not commit murder with the purpose of retaliation, as stated in the facts charged, the judgment of the court below convicting all of the charges of this case by erroneous determination of facts, which affected the conclusion of the judgment.
B. The Prosecutor’s sentence of the lower court is too uneasible and unreasonable.
2. Determination:
A. Prior to the judgment on the grounds for appeal by the Defendant and the prosecutor ex officio, as to the injury among the facts charged in the instant case, the prosecutor tried to examine ex officio prior to the judgment on the grounds for appeal by the Defendant and the prosecutor, and added the name of the crime to the applicable provisions of Acts, and Article 260(1) of the Criminal Act to the applicable provisions of the Act, respectively. The facts charged are as follows: (a) an application was filed for permission of changes to the contents identical with the changed contents in the column for criminal facts and evidence;
The lower court held as above.