(영문) 서울고등법원 2014.11.27 2014노1946 | 리걸엔진

beta

본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.

Text

Reasons

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 서울고등법원 2014.11.27 2014노1946

성폭력범죄의처벌등에관한특례법위반(장애인위계등간음)등

Text

The prosecutor's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. In light of the consistent statement of the victim’s assertion of misunderstanding of facts, and the fact that the victim was raped with the police officer who discovered the victim at the site of the instant case, the Defendant and the person who requested the attachment order (hereinafter “Defendant”) are subject to the request for the attachment order.

(2) The lower court erred by misapprehending the legal doctrine on the assertion of unfair sentencing (one year and six months of imprisonment and three years of suspended execution) on the grounds that the lower court’s sentence (one year and six years of suspended execution) is too uneasible and unreasonable.

3 It is unfair for the court below to exempt the defendant from disclosure or notification order, in the absence of special circumstances that do not disclose or notify the defendant's personal information.

B. It is unreasonable for the lower court to dismiss the Defendant’s request for an attachment order of an electronic tracking device even though the Defendant’s risk of repeating sexual assault crimes.

2. Determination

A. Determination 1 on the part of the Defendant case: (a) The summary of this part of the facts charged is that the Defendant, around 01:00 on February 2, 2014, found that the housing located in Dongjak-gu Seoul Metropolitan Government was mixed with the victim C (as, 19 years of age, intellectual disability 3 level) in the alleyway, and led the Defendant to have sexual intercourse with the victim by approaching the victim’s mind that he would buy a breath of the victim’s house.

At the time, even though the victim was waiting outside of the house because his parents did not open the door, and was expressed by the defendant that he wanted to buy boombed, the defendant led the victim's arms, carried the cab into a nearby restaurant, and got the cab back to a nearby restaurant.

After leaving a restaurant, the Defendant continued to drive away the victim intending to go back from the restaurant, and caused the chest by inserting his hand in the upper part of the victim.

In addition, the defendant was found and easy to find two of them on the roadside, and he was also the victim with the victim.

유사 판례

-서울중앙지방법원 2019.02.18 2018고합1106

-서울고등법원 2014.12.05 2014노2839

-서울중앙지방법원 2016.04.08 2015고단7513

-서울고등법원 2014.09.03 2014노2124

-부산지방법원 2014.11.14 2014고합556