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(영문) 서울고등법원 2013.12.05 2013노1819

성폭력범죄의처벌등에관한특례법위반(특수강도강간등)등

Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for eight years.

Three (No. 1), each of which has been seized, 3 (No. 1);

Reasons

1. The summary of the grounds for appeal and the person subject to an application for an attachment order (hereinafter “defendants”) are too unreasonable to impose a sentence (two years of imprisonment, confiscation, return, and disclosure of information) imposed by the lower court, and matters to be observed, such as the attachment order of an electronic tracking device for ten years, and the prohibition of night outing and outing the device.

2. Determination:

A. Before determining the grounds for appeal as to the part of the Defendant’s case, prior to the determination of ex officio on the grounds of appeal as to the part of the Defendant’s case, the prosecutor examined ex officio, and the prosecutor first-B of the facts charged against the Defendant.

The special robbery and the part on the violation of the Special Act on the Punishment, etc. of Sexual Crimes (special robbery, rape, etc.) due to the night robbery No. 2 of the crime sight table, together with the part on the special robbery and the part on the violation of the Special Act on the Punishment, etc. of Sexual Crimes due to joint robbery by force (special robbery, rape, etc.) shall be changed to the violation of the Act on Special Cases concerning the Punishment, etc.

In the last sentence of the provision, the defendant, at night, infringed upon the victim J's residence at night, took the property by force, taken the property in combination with E during a total of six times from the above date and time to February 13, 2013, and applied for an amendment of the bill of amendment to the indictment with the content of changing the list Nos. 4 through 6 of the crime list of the charges as shown in the attached Table Nos. 37 of the Criminal Act, and the crime of this case was committed in concurrent relation with each of the crime of this case, and thus, the defendant cannot maintain the part of the judgment below as it is no longer.

In addition, the part of the defendant's case is reversed.

참조조문