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(영문) 광주고등법원 2016.10.27 2016노315

강간등

Text

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. The sentence imposed by the court below (10 months of imprisonment) on the defendant and the person against whom the attachment order was requested (hereinafter “defendant”) is too unreasonable.

B. Prosecutor 1) misunderstanding of facts (A) The victim of a mistake of facts (not guilty part of the judgment of the lower court) has consistently stated the content of damage corresponding to the facts charged of larceny and rape from the investigative agency to the court of the lower court, and thus, the victim may be fully convicted of the facts charged

Nevertheless, the court below found the defendant not guilty of this part of the facts charged, and accordingly did not issue an order to disclose or notify personal information to the defendant.

B) The sentence imposed by the court below on the defendant is too uneasible and unreasonable. 2) The defendant's sexual assault behavior is acknowledged, and the defendant's request for an attachment order against the defendant is dismissed, even though there is a risk that the defendant will repeat the sentence.

2. Determination of the accused case

A. On November 24, 2015, at around 06:30 on November 24, 2015, the larceny Defendant (a summary of this part of the facts charged) committed sexual traffic with the victim F (a) and the victim’s sexual traffic, and 1.20,000 won of the sexual traffic price received from the Defendant was set off on the cremation stand, and the victim got off the said KRW 1.20,000 from the toilet.

Accordingly, the defendant stolen 120,000 won owned by the victim.

B) On November 24, 2015, around 06:30 on November 24, 2015, the Defendant knew that KRW 1.20,000,000,000,000,000,000,000,000,000,000 were no longer available for rape, and asked the Defendant for the reasons therefor, and “injects the Defendant again,” to the victim;

Since it has broken down, one million won will be paid.