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(영문) 서울고등법원 2019.02.12 2018노3061 (1)
강간상해등
Text

The judgment below

The part of the defendant's case and the part of the case for attachment order shall be reversed.

Defendant shall be punished by imprisonment for a period of three years and six months.

Reasons

1. The court below's scope of this court's judgment was pronounced guilty on the part of the defendant's case, ordered the attachment of an electronic tracking device for ten years, and ordered the prosecutor to dismiss the prosecutor's request on the part of the probation order case, and there is no benefit of appeal on the part of the probation order case, since only the defendant and the person against whom the attachment order was requested (hereinafter "defendant") appealed.

Therefore, notwithstanding the provisions of Articles 21-8 and 9(8) of the Act on Probation and Electronic Monitoring, etc. of Specific Criminal Offenders (hereinafter “Electronic Monitoring Act”), the part of the judgment of the court below regarding probation order is excluded, and the scope of the judgment of the court below is limited to the part of the case of the defendant and the case of the attachment order

2. Summary of grounds for appeal;

A. At the time of the instant case, there was no intention to rape against the Defendant.

Nevertheless, the court below found the defendant guilty of the facts charged in this case on the grounds of the statement of the victim without credibility. In this case, the court below erred by misapprehending the legal principles.

B. The lower court’s sentencing is too unreasonable.

C. It is unreasonable for the lower court to order the disclosure and notification of the information on the Defendant for five years, even though there are special circumstances under which the disclosure and notification order should not be disclosed with the Defendant’s personal information.

It is unfair that the court below ordered the defendant to attach an electronic tracking device for 10 years, although there is no risk of sexual assault and recidivism.

E. It is unreasonable for the lower court to order the Defendant to restrict employment for five years at child and juvenile-related institutions, etc.

3. Judgment on the grounds for appeal by the defendant ex officio shall be examined ex officio.

In the first instance of the trial, a prosecutor is guilty of rape injury.

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