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(영문) 서울고등법원 2016.09.02 2016노332

강간상해등

Text

All the judgment below is reversed.

A defendant shall be punished by imprisonment for six years.

Sexual assault, 80 hours against the defendant.

Reasons

1. Summary of grounds for appeal;

A. Defendant 1) misunderstanding of facts (a point of rape against Victim E) and the person who requested an attachment order (hereinafter “Defendant”)

(2) The judgment of the court below that found the above victim guilty of rape against the above victim was erroneous in the misapprehension of facts, which affected the conclusion of the judgment. (2) The sentence of the court below 1 and 2 of unfair sentencing is too unreasonable, because it is too unreasonable.

3) Under the influence of alcohol at the time of committing a crime against victims E, the Defendant was in a state of mental disability and injury. 4) The Defendant was in a state of mental disability and injury. 4) The Defendant was in a state of mental disability and the Defendant was in a state of unfair disclosure notification order is exempted from the disclosure notification order. Even

B. It is unreasonable for the first instance court to order the Defendant to attach an electronic tracking device, since the Defendant’s case requesting an attachment order does not pose a risk of repeating sexual crimes.

2. Determination

A. Determination ex officio (joint review) is ex officio prior to the judgment on the grounds for appeal.

The judgment of the court of first instance and the judgment of the court of second instance have been sentenced to each of the above two appeals cases, and the court of second instance has decided to hold a joint hearing. Since each of the offenses in the judgment of the court of first and second instance is concurrent offenses under the former part of Article 37 of the Criminal Act and should be sentenced to one sentence pursuant to Article 38(1) of the Criminal Act, the judgment of the court of first and second instance cannot be maintained in entirety.

However, even if there are such reasons for ex officio destruction, the defendant's mistake of fact, mental or physical disability, improper disclosure notification order, and improper attachment order are still subject to the judgment of this court.

B. Determination of the lower court as to the Defendant’s case 1) The lower court’s determination of the lower court is limited to the victim E (hereinafter “victim”).

(a).