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(영문) 부산고등법원 2015.11.12 2015노556

성폭력범죄의처벌등에관한특례법위반(특수강도강간)등

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Defendant

In addition, all appeals filed by the respondent for attachment order and the prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. Part 1 of the case of the Defendant and the person subject to the request for attachment order (hereinafter “Defendant”) did not intend to intrude into the victim’s residence or use the knife at the victim’s house for robbery in order to force money and goods from the beginning.

In other words, the defendant entered the family of female-friendly families of the victim, and entered the victim's house, and the victim knife with knife and knife knife knife knife knife knife knife knife knife that knife knife knife knife knife knife.

Nevertheless, the court below found all of the charges of this case guilty. The court below erred by misunderstanding facts and affecting the conclusion of the judgment.

B) In light of the various sentencing conditions in the instant case of unfair sentencing, the lower court’s punishment (five years of imprisonment, 80 hours of completing a sexual assault treatment program, 7 years of disclosure of personal information, and 7 years of notification) is too unreasonable. 2) In light of the various sentencing conditions in the instant case by the prosecutor, the lower court’s above punishment is too unreasonable and unfair.

B. Part 1 of the attachment order case is inappropriate that the lower court ordered the Defendant to attach an electronic tracking device for 10 years. 2) The period of attachment of the location tracking device ordered by the prosecutor by the lower court is too short and unfair.

2. Determination

A. Part 1 of the Defendant’s case concerning the Defendant’s assertion of misunderstanding of facts) The Defendant argued in the lower court to the same effect as alleged in the grounds of appeal, and the lower court, which is, the following circumstances acknowledged by comprehensively taking account of the evidence, i.e., ① the victim consistently from the investigative agency to the court of the lower court, led the Defendant to take knife the victim’s knife, suppression the victim’s resistance