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(영문) 부산고등법원 (창원) 2016.06.01 2016노35
성폭력범죄의처벌등에관한특례법위반(특수강제추행)등
Text

The part of the judgment of the court of first instance and the judgment of the court of second instance shall be reversed in entirety.

A defendant shall be punished by imprisonment for five years.

Reasons

Of the judgment of the court of first instance, the court below dismissed the prosecution against the Defendant as to the assault among the facts charged against the Defendant, and sentenced the Defendant guilty as to the remainder of the facts charged.

As to this, since the defendant and the prosecutor appealed against each of the convictions and did not appeal against the dismissal part of the prosecutions, the dismissal part of the judgment of the court of first instance is separated and finalized, and only the conviction part is subject to the judgment of this court (hereinafter “the conviction part of the judgment of the court of first instance”). The summary of the grounds for appeal is as follows.

A. As to the judgment of the first instance court on the Defendant (as to the judgment of the court below Nos. 1 and 2), the Defendant did not commit the remaining crimes except for property damage.

The judgment of the court below which found all of the facts charged guilty on the basis of the recording of the victim's submission without credibility is erroneous in the misapprehension of legal principles as to evidence rules, which affected the conclusion of the judgment.

B) As to the judgment of the court below 2, the defendant did not steal 10 freezings and 3 sn beam beams from among the thefts as stated in the facts charged, and did not interfere with the business.

2) The punishment sentenced by the lower court against the Defendant (the first instance judgment: 5 years of imprisonment, and the second instance judgment: the fine of 2 million won) is too unreasonable.

B. It is unreasonable for the lower court to exempt the disclosure and notification order, in the absence of special circumstances to prevent the disclosure and notification of the personal information of the criminal defendant as to the exemption from disclosure and notification order (the first instance judgment).

2) The sentence sentenced by the lower court to the Defendant (five years of imprisonment) is too unhued and unfair.

3. We examine ex officio prior to the judgment on the grounds for ex officio appeal.

With respect to all of the judgment below, the defendant appealed against the judgment of the first instance, and this court concurrently combines two appeals cases.

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