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(영문) 대구고등법원 2016.06.30 2016노134
강간치상
Text

Defendant

In addition, all appeals filed by the person who requested the attachment order and the prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The punishment (two years and six months imprisonment) imposed by the lower court on the Defendant and the person to whom the attachment order was requested (hereinafter “Defendant”) was issued by the lower court is too unreasonable (the Defendant asserted as the ground of appeal on the ground of mistake of facts, but the Defendant appealed on the second trial date). The defense counsel asserted mental and physical weakness in the summary of the oral argument on May 19, 2016. However, it is not only after the lapse of the period for filing the appeal, but also after the lapse of the period for filing the appeal, in light of the background and means of the crime, the act of the Defendant before and after the crime, the Defendant’s statement to the investigation agency, and the content and attitude of the Defendant’s statement in the investigation agency, etc., the Defendant is deemed to have been aware of the fact of drinking alcohol at the time of committing the instant crime, but thereby, had a lack of ability to discern things

subsection (b) of this section.

B. Prosecutor 1) The sentence of the lower court’s improper sentencing is too uneasible and unfair.

2) The lower court’s dismissal of the Defendant’s request for an attachment order against the Defendant, even though the Defendant had a risk of repeating a sexual crime, is unlawful.

2. Determination

A. As to the part of the Defendant case, the crime of this case was committed by the Defendant, who attempted to rape the victim, and in the process, inflicted an injury upon the victim requiring approximately two weeks of medical treatment, and the nature of the crime is very serious.

The defendant tried to rape the victim by providing accommodation, etc., and the victim seems to have been suffering from severe mental and physical pain and feel a sense of sexual humiliation.

Nevertheless, the Defendant did not make any effort to resist the victim and had the victim made a false accusation against the Defendant.

I also argued.

The defendant was sentenced to two years of imprisonment with prison labor for rape, etc. of a juvenile under 14 years of age with intellectual disability in 2001, and in 2006, the defendant was sentenced to a fine for photographing the body of a female living together with a digital camera.

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