(영문) 부산고등법원 (창원) 2013.06.28 2013노127

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Text

Reasons

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 부산고등법원 (창원) 2013.06.28 2013노127

성폭력범죄의처벌등에관한특례법위반(강간등상해)등

Text

The judgment of the first instance is reversed.

A defendant shall be punished by imprisonment for ten years.

The number of drums in the shape of seized Nos. 1.

Reasons

1. Summary of grounds for appeal;

A. 1) As to the facts constituting a crime in the first instance judgment, the Defendant and the person requesting an attachment order (hereinafter “Defendant”) are the defendants and the person requesting an attachment order (hereinafter “Defendant”).

(2) The first instance court asserts that there was no rape of the victim U.S., and that the defendant was in a state of mental disorder at the time of each of the crimes in this case. In this regard, the defendant asserted that the defendant was in a state of mental disorder at the time, and that the prosecutor did not have a state of mental disorder such as mental disorder at the time of the crime. 2) The defendant asserts that the defendant's punishment sentenced by the first instance court of unfair sentencing (one-year imprisonment, etc.) is too unreasonable, and the prosecutor asserts that it is too unreasonable.

B. The prosecutor asserts that the first instance court's attachment period of the device attachment order prior to location tracking is too short and unfair.

2. Determination

A. Defendant case 1) An ex officio, prior to the judgment on the grounds for appeal of ex officio, the reason for return of each of the seized articles to the victim is clear shall be sentenced to return to the victim by judgment (Article 33(1) of the Criminal Procedure Act). According to the evidence duly adopted and examined by the first instance court, three sets for Ethp vehicles (Evidence 79) shall be sentenced to return to the victim AG, and three sets for Ethp vehicles (Evidence 111) of Ethp vehicles (Evidence 111) of Ethys (Evidence 112) of Ethys (Evidence 112) of Ethys shall be returned to the victim AM, and one set for Ethys (Evidence 112 of Ethys) of Ethys shall be returned to the victim AI. Thus, the first instance court omitted the judgment, although it had been sentenced to return the seized articles to the victims by judgment under Article 33(1) of the Criminal Procedure Act, which affected the conclusion of the judgment.

However, the defendant and the prosecutor's assertion of mistake or misapprehension of legal principles.

참조조문

-형사소송법 제333조 제1항

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