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본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
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(영문) 서울고등법원 2013.07.26 2013노1378
성폭력범죄의처벌등에관한특례법위반(주거침입강간등)등
Text

The guilty part of the judgment of the court below is reversed.

A defendant shall be punished by imprisonment for three years.

d) the seized timber;

Reasons

1. Summary of grounds for appeal;

A. The sentence of the lower court (five years of imprisonment, five years of disclosure of information, five years of notification, etc.) on the Defendant and the person against whom an order to attach an electronic device was requested (hereinafter “Defendant”) is too unreasonable.

B. The lower court’s improper attachment order for a location tracking device issued to the Defendant for a 10-year period of time is unreasonable.

2. Determination

A. Of the facts charged in the instant case, the summary of the point of indecent act by force among the parties members’ judgment on the scope of the party members’ judgment is as follows: “A victim F (the 39 years of age) was able to open the entrance of the said house before Guri-si 1, Guri-si, Dari-si, where the victim F (the 39 years of age) resides in a mixed person, and the victim was discovered to have opened the entrance before the 1st century 1, Dongri-si, Dari-si, where the mixed person lives in, but the victim was found to have opened the entrance in the said house in the mind of indecent act by force. However, the victim did not have opened the entrance by hand and opened the entrance by hand.” The court below dismissed the charge against the above facts charged by Article 327 subparagraph 5 of the Criminal Procedure Act, which was revoked by the Defendant on November 23, 2012.

However, since there was no appeal from the defendant or prosecutor regarding the above indecent act, the dismissed part of the judgment of the court below is already determined and exempted from the scope of the party members' judgment.

B. As to the assertion on unfair sentencing, the Defendant committed an indecent act by compulsion, rape (or each attempted indecent act), or a crime of entering a residence (or each attempted act) against the victims of a total of four victims by intrusion on an apartment house in which the female is married, and the need to protect the freedom and peace of privacy within the residence on the basis of the most fundamental basis in the private sector, and the shock of the victims of the instant indecent act by compulsion or rape at the home in which the female is living.

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