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(영문) 대구고등법원 2016.07.14 2016노85

성폭력범죄의처벌등에관한특례법위반(강간등상해)등

Text

The defendant's appeal is dismissed.

Reasons

1. The court below rendered a judgment dismissing the prosecutor’s request regarding the part of the case against which the defendant was found guilty and the part of the case for which the request for attachment order was filed, and as such, there is no benefit of appeal regarding the part for which the request for attachment order was filed

Therefore, notwithstanding Article 9(8) of the Act on the Protection and Observation of Specific Criminal Offenders and Electronic Monitoring, the part of the judgment below regarding the request for attachment order among the judgment below is excluded from the scope of the judgment of this court. Thus, the scope of the judgment of this court is limited to the part of the case of

2. The summary of the grounds for appeal that the lower court sentenced the Defendant (six years of imprisonment) is too excessive and unfair (the Defendant asserted the misunderstanding of facts on the grounds of appeal, but the Defendant respondeded to it on the first trial date of the first trial of the first instance court). 3. The Defendant appears to have committed the instant crime against the misunderstanding, and to have exercised his own effort to take advantage of the victim, and deposited KRW 10 million for the victim at the trial of the first instance.

In 2016, the defendant had no record of the same crime, and his family members and branch members are considered to have relatively clear social ties, such as the defendant's birth of the defendant.

그러나 피고인은 연인( 戀人) 인 피해자와 모텔에 투숙한 뒤 아무런 이유 없이 주먹과 발 등으로 피해자를 무자비하게 구타하고, 위험한 물건인 머 그 컵 등으로 피해자의 머리를 때려 피해자에게 전치 4 주의 상해를 가하였으며, 피해자를 두 차례 강간하였다.

The Defendant, as if the victim wanted to have a sexual intercourse, taken a video image with the victim, detained the victim by combining his hand with electric wires, etc., and had the victim take the breath of the victim’s crypt by taking the cryp to the victim’s cryp.

The content of such crimes and the degree of damage.