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(영문) 부산고등법원 (창원) 2016.06.22 2016노7
성폭력범죄의처벌등에관한특례법위반(특수강간)등
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for six years.

The seized white transition (No. 6) and Samsung Gallon jum.

Reasons

1. Summary of grounds for appeal;

A. Defendant 1) Fact-misunderstanding and misapprehension of legal principles do not intentionally inflict any injury on a victim, but did not arrest or rape the victim, nor attempted to borrow money from the victim.

2) The punishment sentenced by the lower court to the Defendant (six years of imprisonment) is too unreasonable.

B. Prosecutor 1) It is unreasonable for the lower court to exempt the Defendant from disclosure and notification orders, in the absence of special circumstances that may not disclose or notify the personal information of the Defendant that was unreasonably exempted from disclosure and notification orders.

2) The sentence sentenced by the lower court against the Defendant is too unhued and unreasonable.

2. Prior to the judgment on the grounds for an ex officio appeal, the prosecutor examined the case ex officio prior to the judgment on the grounds for the appeal, and the prosecutor took place against the Defendant, “Violation of the Punishment of Violences, etc. Act (a group, deadly weapon, etc.)” as “special injury”, and “special confinement” as “violation of the Punishment of Violences, etc. Act (a group, deadly weapon, etc.)” under the applicable law, the court below’s application of Article 3(1) and Article 2(1)3 of the Punishment of Violences, etc. Act, “Article 257(1) of the Criminal Act” under Articles 258-2(1) and 257(1)2 of the Criminal Act, and Article 257(1)2 of the Punishment of Violences, etc. Act, and Article 27(1)2 of the Criminal Act, and Article 27(1)7 of the Criminal Act, “A court is no longer authorized to amend the amendment of the indictment.”

However, despite the above reasons for reversal of authority, the defendant's misunderstanding of the legal principles and the prosecutor's improper assertion of exemption from disclosure or notification order is still subject to the judgment of this court.

3. Determination on the Defendant’s misunderstanding of facts and misapprehension of legal principles

A. The judgment of the court below as to the special injury and the judgment below.

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