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(영문) 서울고등법원 2016.03.31 2015노3466

유사강간등

Text

The judgment below

The guilty portion shall be reversed.

Defendant Nos. 1 through 4, 6, 7, and 8 of the crime sight table as indicated in the judgment of the court below.

Reasons

1. Of the facts charged in this case, the court below found the defendant not guilty of the fraud listed in the crime sight table Nos. 1 through 4, 6 through 48, and each similar rape, each violation of the Punishment of Violences, etc. Act (a group deadly weapon, etc.), violence, confinement, and each false accusation as stated in the judgment of the court below. Since only the defendant appealed and did not appeal by the prosecutor, the part of acquittal was finally affirmed, the court below found the defendant guilty of the charge not guilty. Thus, the scope of the judgment of this court is limited to each fraud listed in the judgment of the court below Nos. 1 through 4, 6, and 48, each similar rape, each similar rape, each of the violation of the Act on the Punishment of Violences, etc. (a group of deadly weapons, etc.), assault, confinement, and each false accusation.

2. Summary of grounds for appeal;

A. 1) The Defendant did not have raped the victim E by assault or intimidation.

2) There is no fact that the defendant deceivings victims, such as an insurance company, etc. by intentionally causing a traffic accident, etc.

3) The Defendant carried dangerous objects and did not inflict any injury on the Victim K.

4) There is no fact that the Defendant was detained by the victim to prevent the victim from leaving the victim’sO in the telecom.

5) Since the Defendant carried golf loans, etc. and inflicted an injury on K, the Defendant’s filing of a complaint with K to an investigative agency does not constitute a false accusation, or the Defendant’s intention cannot be acknowledged.

6) Nevertheless, the court below found all of the facts charged guilty. The court below erred by misunderstanding the facts and misunderstanding the legal principles.

B. The sentencing of the lower court is too unreasonable.

(c)

It is unfair that the court below ordered the defendant to complete the sexual assault treatment program for 40 hours.

(d)

It is improper for the court below to order the disclosure and notification of information about the defendant for three years.

3. Determination

A. The judgment of the court below is held.