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본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
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(영문) 서울고등법원 2012.11.23 2012노3059
성폭력범죄의처벌및피해자보호등에관한법률위반(특수강도강간등)등
Text

1. The part of the judgment of the court below against the defendant and the attachment order case shall be reversed.

Defendant shall be sentenced to six years of imprisonment.

Reasons

1. Summary of grounds for appeal;

A. In full view of the reliable evidence such as the prosecutor’s statement of the prosecutor on the acquittal portion and the written request for appraisal by the National Science Investigation Agency, the court below rejected the above evidence without permission, and found the not guilty guilty of this part of the facts charged, even if it is sufficiently recognized as a special robbery by force against I, deadly weapons, personal injury, and larceny.

(2) The Defendant and the prosecutor’s assertion of unreasonable sentencing (A) the Defendant and the person to whom the attachment order was requested (hereinafter “Defendant”): The lower court’s imprisonment (five years of imprisonment, disclosure and notification seven years of disclosure and notification order) are too unreasonable.

(B) Prosecutor: The lower court’s sentence is too uneasible and unreasonable.

B. The defendant does not pose a risk of recommitting a sexual crime.

2. Determination:

A. The judgment of the court below on the prosecutor's assertion of mistake of facts: (a) among evidence that correspond to the facts charged of special robbery against I, deadly weapons, personal injury and larceny; (b) among the evidence that correspond to the facts charged in the crime, (c) with respect to the I's statement, it is possible that the witness's statement in such a method can be a witness, because it is possible for the suspect to have him, under the limitation of the person's memory power, inaccurate and detailed circumstances, to show only one photograph of the suspect to the witness in the criminal identification procedure by means of the appearance of the general rule that the suspect was identified as the defendant but should be observed in the criminal identification procedure even though the suspect was identified as the criminal; and (d) there is any other circumstance to suspect him as the criminal in addition to the victim's statement, because the witness's statement in the criminal identification procedure is a person who has been aware of the suspect's previous victim or a person who has been aware of the suspect.

Unless there are any additional circumstances such as the situation, it shall be deemed that the credibility thereof is low.

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