성폭력범죄의처벌등에관한특례법위반(강간등치상)등
The defendant case portion of the first judgment and the second judgment shall be reversed in entirety.
A defendant shall be punished by imprisonment with prison labor for fourteen years.
1. Summary of grounds for appeal;
A. misunderstanding of facts (as to the crime of violation of the Act on the Punishment of Sexual Crimes and Protection of Victims thereof (special robbery, rape, etc.)), the accused and the person requesting an attachment order (hereinafter “defendant”) did not carry the blade at the time of the above crime, and the judgment of the second instance which found the Defendant guilty of this part of the charges on the ground that they carried the blade, is erroneous.
B. The sentence sentenced by the court below on unreasonable sentencing (the first judgment: imprisonment of 8 years, disclosure and notification 10 years, 5 years, 2 years of employment restriction: imprisonment of 10 years, 10 years of disclosure and notification, 10 years of employment restriction, 10 years of employment restriction) is too unreasonable.
C. The first instance judgment ordering the Defendant to attach an electronic tracking device for 10 years, although the part of the case claiming an attachment order cannot be readily concluded to have a risk of recidivism of a sexual crime.
2. As the Defendant filed each appeal against the lower judgment, each of the appeals cases was consolidated in the trial.
The defendant's case of the first judgment and each of the second judgment of the second judgment are concurrent crimes under the former part of Article 37 of the Criminal Act, and they should be sentenced to a single punishment at the same time, so no longer can be maintained.
3. The Defendant alleged the same purport as the grounds for appeal in this part of the judgment of the court below regarding the assertion of mistake of fact, and the court below did not accept the above assertion on the grounds of a detailed statement in its decision.
Examining the evidence admitted and examined by the court below in light of the records, the defendant can take a knife with the backer and take the cash of the victim X and sufficiently recognize the fact of rape of the above victim.
The judgment of the court below is just and there is no error of law by mistake.
4. The lower court, based on its stated reasoning, determined that the Defendant was likely to recommit a sexual crime.
The court below adopted.