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(영문) 광주고등법원 2014.09.25 2014노180
성폭력범죄의처벌등에관한특례법위반(강간등치상)등
Text

The judgment below

The part of the defendant's case shall be reversed.

Defendant

In addition, a person who requests an attachment order shall be punished by imprisonment for five years.

Reasons

1. Summary of grounds for appeal;

A. In full view of the timing, method, and background of the instant crime of mistake of facts, and the actions committed by the Defendant and the person subject to a request to attach an attachment order (hereinafter “Defendant”), the Defendant committed the instant crime by drinking, and the Defendant committed the said crime in a contingent manner, as in the judgment of the court below, with the victim’s entry into the house, and the victim’s attempt to rape, and did not commit the said crime.

Therefore, the court below erred by misapprehending the facts and affecting the conclusion of the judgment.

B. At the time of the instant crime, the Defendant was drunk and was in a state of mental disability.

C. Since there are special circumstances under which disclosure and notification order should not be disclosed or notified of the personal information of the accused, it is unreasonable for the court below to order disclosure and notification.

The court below's sentence of unfair sentencing (five years of imprisonment) is too unreasonable.

E. As such, the lower court’s order to attach an electronic tracking device is unreasonable, since it cannot be deemed that the Defendant’s improper attachment order is likely to repeat a crime.

2. Determination

A. The following facts and circumstances acknowledged by each evidence duly adopted and investigated by the court below as to the assertion of misunderstanding of facts and mental and physical disability are: (i) the defendant is a person living on the upper floor of an apartment house in which the victim F is residing; (ii) the victim F was living in his house at the time of the crime of this case, and the defendant was living in his own house through an open door, and the defendant was living in his own house, and (iii) the victim was living in his own house without any answer, such as the victim was living in his house, (iv) the victim was living in his house, and (v) the defendant was living in his own house without any answer, and (v) the defendant was living in his wife at the time.

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