logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 부산고등법원 (창원) 2016.05.18 2016노5
강간
Text

The judgment below

The part of the case of the defendant is reversed.

A defendant shall be punished by imprisonment for six months.

except that this judgment.

Reasons

1. Summary of grounds for appeal;

A. The victim's statement in the part of the case of the defendant is reliable, and according to the victim's statement, etc., the defendant and the respondent for an attachment order (hereinafter "defendant") reported sexual traffic to the police station as if they were sexual traffic and prevented the victim from resisting the victim, and then rape was acknowledged. However, the court below acquitted the victim of the facts charged. Thus, the court below erred by misapprehending the facts and affecting the conclusion of the judgment.

B. It is unreasonable for the court below to dismiss the Defendant’s request for the attachment order of this case, since the Defendant committed a sexual crime against the victim and is likely to recommit a sexual crime.

2. Prior to the judgment on the grounds of ex officio appeal, the prosecutor examined ex officio prior to the judgment on the grounds of appeal, and the prosecutor did not request a prosecutor to change the grounds of appeal for an order to attach the name of the crime as stated in the following: “Violation of the Act on the Punishment of Acts of Arranging, etc. sexual traffic” (Article 21(1) of the Act on the Punishment of Acts of Arranging, etc. through Intermediating, etc. sexual traffic) to add the charges of violation of the Act on the Punishment of Acts of Arranging, such as Arranging, etc. (sexual traffic) as stated in the following criminal history: (a) a violation of the Act on the Punishment of Acts of Arranging, etc. of Arranging, which is the ancillary charges of this case in the amendment of the indictment; and (b) a violation of the Act on the Punishment of Acts of Arranging, etc. including Arranging, etc

the subject of the judgment was added by this Court.

As examined below, this Court found the Defendant guilty of the primary charges and found the Defendant guilty of the primary charges, so the judgment of the court below is no longer able to maintain any further.

However, the prosecutor's assertion of mistake is still subject to the judgment of this court, despite the above reasons for reversal of authority.

arrow