beta
(영문) 서울고등법원 2017.03.24 2016노3541

성폭력범죄의처벌및피해자보호등에관한법률위반(특수강도강간등)등

Text

The judgment below

The part of the case of the defendant is reversed.

A defendant shall be punished by imprisonment for eight years.

. Information on the Defendant.

Reasons

1. The court below rendered a judgment dismissing the prosecutor’s request regarding the part of the case of the attachment order while rendering a judgment of conviction on the part of the case of the defendant, and the defendant appealed only to this, so there is no benefit of appeal as to the part of the case of the attachment order.

Therefore, notwithstanding the provisions of Article 9 (8) of the Act on the Protection and Observation of Specific Criminal Offenders and Electronic Monitoring, the part of the judgment of the court below on the attachment order case shall be excluded from the scope of the trial of this court.

2. Summary of reasons for appeal;

A. The Defendant, at the time of committing the instant crime, attempted to rape the victim, and re-Rape the victim’s house at the time of committing the instant crime, but did not insert the victim’s sexual organ into the part of the victim, and subsequently attempted to commit an attempted crime.

However, the judgment of the court below that recognized the second rape crime was erroneous by mistake.

B. The punishment sentenced by the lower court (12 years of imprisonment) is too unreasonable.

3. Determination

A. In full view of the following circumstances acknowledged by the evidence duly admitted and investigated by the lower court as to the Defendant’s assertion of mistake of facts, it can be recognized that the second rape crime of the Defendant was committed.

Therefore, the defendant's above assertion is rejected.

① On August 20, 2002, the day when the instant crime was committed, the victim committed the second rape with the Defendant and D on August 20, 2002, with respect to the circumstances leading up to the crime of rape of the Defendant and D. The victim, “one of the two persons, who got out of the house, rhumd the body, and rhumd the body, and raped once again.

There is no time to find money because a person who went out of approximately 20 minutes after the lapse of 20 minutes re-enters.

“A person who rapes in the house” and remaining in the house has been “a more than once.”

The defective person is also a ship after raped once again.