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(영문) 대구고등법원 2014.08.21 2014노171

성폭력범죄의처벌등에관한특례법위반(강간등치상)등

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The defendant's appeal is dismissed.

Reasons

According to the records of this case, the court below sentenced the accused case to five years of imprisonment, dismissed the request for attachment order, and only the accused filed an appeal against the part of the accused case.

Meanwhile, Article 9(8) of the Act on the Electronic Monitoring, etc. of Specific Criminal Offenders provides that "if an appeal or waiver or withdrawal thereof is filed against the judgment on a specific crime case, the judgment on the case claiming the attachment order shall be deemed to have been filed, or the waiver or withdrawal thereof shall be deemed to have been filed as well." This applies to the case claiming the attachment order, i.e., benefit of appeal, i., benefit of appeal, and the defendant cannot make an unfavorable appeal against himself/herself. Thus, if the court below dismissed the request for attachment order, and only the defendant appealed against the case claiming the attachment order, the appeal cannot be deemed to have been filed against the case claiming the attachment order which has no benefit of filing an

If so, since the part of the request for attachment order is separated and confirmed, the judgment of the court below is limited to the defendant case.

Summary of Grounds for Appeal

In order to assist in the treatment of the victim, such as understanding of facts or understanding of legal principles, the defendant only committed the same act as that of each crime at the time of the original adjudication and did not intend to commit an indecent act against the victim.

The injured part (the crime of paragraph 2 in the case of the original trial) is a minor degree that can be naturally cured without any specific treatment. Thus, it cannot be said that it is an injury to the crime of violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (Rape, etc.).

In light of the agreement with the victim of unfair sentencing, the sentence imposed by the court below (five years of imprisonment) is too unreasonable.