(영문) 서울고등법원 2018.07.05 2018노1092 | 리걸엔진

beta

본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.

Text

Reasons

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 서울고등법원 2018.07.05 2018노1092

성폭력범죄의처벌등에관한특례법위반(특수강도강간)등

Text

Defendant

In addition, both appeals filed by the person who requested the attachment order and the prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The Defendant and the person who requested the attachment order (hereinafter “Defendant”) including the misunderstanding of the fact that the Defendant and the person who requested the attachment order (hereinafter “the victim”) were forced to withdraw the level of KRW 10-200,000 from the injured party and did not have the intent to rape the victim.

Nevertheless, the court below found the Defendant guilty of violating the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (special rape) among the facts charged in the instant case. In so doing, the court below erred by misapprehending the legal principles.

2) The lower court’s improper sentencing is too unreasonable.

3) Although there is no risk of recidivism and recidivism of sexual crimes against a criminal defendant, it is unreasonable that the lower court ordered the criminal defendant to attach an electronic tracking device for a period of 20 years.

4) Although there are special circumstances under which disclosure or notification order is unfair to prevent disclosure of the personal information of the accused, it is unreasonable to order the lower court to disclose and notify the accused for a period of seven years.

B. Comprehensively taking account of the evidence submitted by the prosecutor, such as misconception of the facts, the court below found the Defendant guilty of violating the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (special robbery) and sentenced the Defendant to a crime of violating the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (special rape). The judgment of the court below is erroneous in the misapprehension of facts and the misapprehension of legal principles.

2) Improper sentencing of the lower court is deemed unreasonable.

2. Determination

A. Determination 1 on the Defendant’s assertion of mistake of facts, etc. 1) In a case where the Defendant denies the intention, which is a subjective element of constituent elements of crime, the criminal intent itself cannot be objectively proven. As such, it is inevitable to prove it by means of proving indirect facts or circumstantial facts relevant to the criminal intent given the nature of an object

At this time, what is the indirect facts or circumstantial facts related to them are normal.

참조조문

-성폭력범죄의 처벌 등에 관한 특례법

유사 판례

-부산고등법원 (창원) 2016.06.01 2016노87

-부산고등법원 2017.05.11 2017노86

-대전고등법원 (청주) 2016.05.26 2016노10

-부산고등법원 (창원) 2017.05.17 2016노459

-대전고등법원 2018.12.14 2018노444