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(영문) 서울고등법원 2016.09.08 2016노1478
강간치상등
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 Defendant and the person subject to a request to attach an attachment order (hereinafter “Defendant”) have not committed robbery, injury to the victim F, property damage, and violation of the Specialized Credit Financial Business Act. 2) The sentence imposed by the lower court on the Defendant (eight years of imprisonment) is too unreasonable.

B. The sentence imposed by the prosecutor by the court below against the defendant is too unfortunate and unfair.

2. Determination

A. Defendant case 1 asserts that there was an error of mistake in the judgment of the court below on July 6, 2016 through the statement of reasons for appeal submitted by the Defendant on July 6, 2016. However, the above argument by the Defendant is filed after the deadline for submitting the statement of reasons for appeal, and thus cannot serve as a legitimate reason for appeal. Furthermore, according to the evidence duly adopted by the court below and the court of appeal, according to the court below’s decision and the court of appeal, the Defendant abused the victim F by forceing the victim F, inflicted bodily injury on the victim, damaged the victim F's cell phone floor, damaged the Defendant’s damage, and sufficiently recognized the fact that the Defendant used the credit card taken by the victim F by force from the victim F, so there is no error of law that affected the conclusion of the judgment of the court below by misunderstanding the facts,

Rape with the victim I was attempted.

The degree of injury suffered by the victim F and the victim I is relatively minor.

The victim F does not want to punish the defendant.

Since the crime of this case is one of the concurrent crimes as stated in the first head of the judgment of the court below and the latter part of Article 37 of the Criminal Act, equity in the case of judgment shall also be considered.

However, the defendant, however, has led the victim I who met at the age club to the parking lot, and attempted to rape.

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