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(영문) 서울고등법원 2013.07.25 2013노777

성폭력범죄의처벌등에관한특례법위반(강간등상해)등

Text

The judgment below

The part of the defendant's case shall be reversed.

A defendant shall be punished by imprisonment with prison labor for up to 11 years.

The seized mobile phone ELD.

Reasons

1. Summary of grounds for appeal;

가. 피고인 겸 피부착명령청구자 ⑴ 사실오인 내지 법리오해 ㈎ 원심 판시 제2의 가.

Defendant and the person subject to a request to attach an attachment order (hereinafter referred to as “Defendant”) related to the crime of the port, there is no fact that the victim’s left cover of the victim F, by means of a kacker, which is a lethal weapon, has led the victim to suppress and force the victim’s resistance.

㈏ 원심 판시 제3의 가.

paragraphs (c) and (c)

In relation to the crime of the crime of the crime of the crime of the crime of the crime, ① there was no injury in the course of rape of the victim I. The “companional blood relative” that the victim suffered is merely generated in the course of sexual intercourse, and thus cannot be deemed to constitute the injury of the crime of rape and injury. There is no fact that the above victim detained the

② In addition, the Defendant did not directly provide 440,00 won as consideration for the victim’s fulfillment of the above conditions, and even if the Defendant brought 440,00 won to the victim again, the Defendant’s act does not constitute robbery, apart from the fact that such act of the Defendant can be seen as an act of attack.

Dob. The sentence imposed by the court below on the defendant (12 years of imprisonment) and the attachment order of an electronic tracking device (20 years of location tracking device) are too unreasonable.

B. The sentence imposed by the prosecutor by the court below against the defendant is too unfortunate and unfair.

2. Determination on the part of the defendant's case

A. As to the part of robbery among the previous facts charged at the trial, the prosecutor held that the crime was committed, the name of the crime is “quasi robbery”, the applicable provisions of law are “Article 355 of the Criminal Act”, and the facts charged are as follows: “The defendant, at around 10:00 on August 30, 2012, in the K Hotel 701 room in Seodaemun-gu Seoul, Seodaemun-gu, Seoul, put 440,000 won, which the victim received as the condition requirement, into a bank and went out of the bank, and the defendant had the above bank prevented and deducted the money from his bank, and the victim again tried to deduct the money.

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