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(영문) 서울고등법원 2014.06.12 2014노208
성폭력범죄의처벌등에관한특례법위반(강간등상해)등
Text

Defendant

In addition, the appeal by the person who requested the attachment order is dismissed.

Reasons

1. Summary of grounds for appeal;

A. Part 1 of the defendant's case is erroneous or misunderstanding of legal principles or a person who requested an attachment order (hereinafter "defendant").

(2) The judgment of the court below that found the defendant had the intent to rape the victim G and I, but there was an error of misunderstanding of facts or misunderstanding of legal principles. 2) The sentence of imprisonment (seven years of imprisonment) imposed by the court below on the defendant is too unreasonable.

B. The lower court erred by ordering the Defendant to attach an electronic tracking device despite the absence of the recidivism and risk of recidivism in the part of the case where the attachment order is applied, and the period is too unreasonable.

2. Determination

A. The lower court also asserted that the Defendant had the same purport as the grounds for appeal under this part of this part, and the lower court determined that the Defendant had the intent to rape the Victim G and I in full view of the circumstances acknowledged by the evidence duly admitted and investigated by the lower court in the “judgment on the Defendant’s and the defense counsel’s assertion”

The above judgment of the court below is justified after closely comparing the records, and the court below did not err by misapprehending the legal principles as alleged by the defendant.

This part of the defendant's assertion is without merit.

B. The Defendant’s judgment on the assertion of unfair sentencing is an initial criminal without any past record of criminal punishment, and recognizes and reflects each of the crimes of this case as a substitute, and the victim G and I do not want punishment against the Defendant by mutual consent by paying a considerable amount of money to the victim G and I. The Defendant has the ability to discern things or make decisions due to sexual intercourse, coercion, etc., respectively.

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