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(영문) 서울고등법원 2015.06.16 2015노471
성폭력범죄의처벌등에관한특례법위반(강간등상해)등
Text

The judgment below

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

A defendant shall be punished by imprisonment for seven years.

. Information on the Defendant.

Reasons

Summary of Grounds for Appeal

The part of the Defendant’s case and the person against whom the attachment order was requested (hereinafter “Defendant”) received a brain surgery as a traffic accident around June 20, 2014, and was under continuous medical treatment until the time of the instant crime due to the aftermathing. Moreover, the Defendant was under the influence of drinking by the new wall on the day of the instant crime, and thus, at the time of the instant crime, was in the state of mental and physical disability at the time of the instant crime.

The sentence of imprisonment (eight years of imprisonment) imposed by the court below on the defendant is too unreasonable.

Although there are special circumstances in which the court below ordered the defendant to disclose or notify the personal information, it is unfair that the court below ordered the defendant to disclose or notify the personal information even though the defendant should not disclose or notify the personal information.

The court below's decision on the case of the attachment order is improper to issue the defendant an attachment order of an electronic tracking device.

Judgment

According to the Defendant’s statement in the investigative agency of the determination of the claim of mental retardation on the part of the Defendant case, the medical certificate (43 pages of the trial record) prepared by the head of the Central University Hospital (44 to 74 pages of the trial record), a copy of medical records (75 pages of the trial record), a written opinion (75 pages of the trial record), a written confirmation of entry and discharge (78 pages of the trial record), and a written confirmation of entry and departure (79 pages of the trial record), etc. of the Defendant’s statement in the investigative agency of the Defendant’s judgment on the part of the Defendant case, following the injury of the vehicle and the body of the vehicle on or around June 20, 2014, the Defendant received the treatment from the Central University Hospital of the same day after being affected by the injury, such as humconsis and dumconsissis, humconsis, etc., from around July 9, 2014, the Defendant received the treatment from the above hospital after receiving the treatment.

7. A person who received hospitalized treatment at Dongjak Gyeonghee Hospital by the end of February, 200, and was from September 3, 2014.

9. Until 30.30. The fact that the defendant was hospitalized in the Kneinary Department, and the fact that the defendant had drinking alcohol until 03:00 on the day of the crime of this case can be recognized.

(b).

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