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(영문) 부산고등법원 (창원) 2013.05.03 2013노40
성폭력범죄의처벌및피해자보호등에관한법률위반(특수강간)등
Text

Of the judgment of the court of first instance, the part concerning the first crime of the defendant's case shall be reversed.

As to the first offense against the defendant.

Reasons

1. The first instance court's judgment on the charges of this case against the defendant and the person against whom the attachment order was requested (hereinafter referred to as "the defendant"), acquitted the defendant on the grounds of the judgment on the part of the crime of violation of the Act on the Punishment of Sexual Crimes and Protection, etc. of Victims (special rape while carrying a knife, which is a deadly weapon). The part of the first instance court's judgment on the guilty only appealed, but the prosecutor did not appeal on the part of the acquittal, and thus, the verdict on the non-guilty portion was transferred to the trial by the principle of no appeal. However, the part of the judgment on the non-guilty portion cannot be judged from the object of attack between the parties to the trial to escape from the object of attack and in fact from the object of attack and it cannot be determined to the verdict on the acquittal portion. Thus, the verdict on the innocence of the first instance court is

2. Summary of grounds for appeal;

A. The punishment sentenced by the first instance court to the defendant (or 6 years of imprisonment with prison labor, 2 years of imprisonment with prison labor, etc. for the crime No. 2 in its holding) is too unreasonable.

(b) It is improper that the first instance court ordering the accused to attach an electronic tracking device for ten years.

3. Determination

A. As to the allegation of unfair sentencing regarding the punishment of the crime of the crime of the crime of the crime of the crime of the crime of the crime of the crime of the crime of the crime of the defendant of the case of the defendant of the case of the crime of the crime of the crime of the crime of the crime of the crime of the crime of the crime of the crime of the defendant of the crime of the crime of the crime of the crime of the crime of the crime of the crime of the crime of the crime of the

However, the defendant denied the crime in the first instance court, but all confessions are made in the first instance court, the defendant reached an agreement with the victim in the first instance, and the crime for which judgment has become final and conclusive in accordance with Article 39(1) of the Criminal Act.

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