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(영문) 서울고등법원 2021.01.19 2020노1771
성폭력범죄의처벌등에관한특례법위반(특수강간)등
Text

Defendant

In addition, all appeals filed by the requester for the attachment order, the requester for the protective order, and the prosecutor shall be dismissed.

Reasons

1. The lower court dismissed the charge of intimidation among the facts charged in the instant case against the Defendant and the person who requested an attachment order and the person who requested an order to observe the protective order (hereinafter “Defendant”), and sentenced the remainder of the facts charged only guilty.

However, only the defendant and the prosecutor appealed the guilty portion of the judgment below, and the prosecutor stated in the petition of appeal that the scope of appeal is "the guilty portion", and the reason for appeal only asserts the illegality of sentencing as to the guilty portion, and there is no specific reason for appeal as to the dismissed portion of the prosecution.

As to the dismissal part of a public prosecution, the part of the judgment below's dismissal of the public prosecution against the defendant and the prosecutor was separated and finalized, the scope of this court's trial is limited to the part of the case of the defendant, the attachment order case, and the protection observation order case.

2. Summary of grounds for appeal (unfair argument of sentencing);

A. The sentence of the original judgment (4 years of imprisonment, etc.) by Defendant is too unreasonable.

The argument of mistake of facts was withdrawn from the second trial date when the defendant stated the reasons for appeal (the submission of the court on October 20, 2020).

B. The Prosecutor’s sentence of the lower court is too uneasible and unreasonable.

3. Determination

A. As to the defendant's case, the defendant recognized all of the crimes of this case in the trial of the party, and is against the defendant, and the defendant has no record of being punished for a sexual crime.

In the court below, the defendant expressed his intention that the injured party does not want the punishment against the defendant by agreement with the injured party, and the injured party wants to take the action against the defendant even after the injured party is in the trial.

See each written application for the submission of a defense counsel to the victim's national defense counsel on November 18, 2020 and January 15, 2021. These circumstances are favorable to the defendant.

However, each of the crimes of this case is three times on the ground that the victim, who the defendant became aware of the workplace rent, has a different male.

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