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(영문) 대구고등법원 2018.06.11 2017노605
강간
Text

The judgment below

The part of the case of the defendant is reversed.

A defendant shall be punished by imprisonment for not less than two years and six months.

except that this judgment.

Reasons

1. The court below rendered a judgment dismissing the prosecutor's claim regarding the part of the case against which the defendant was found guilty or the part of the case for which the order to observe an order to observe an electronic device was requested. Since only the defendant appealed, the part of the judgment of the court below concerning the claim for order to observe an order to observe an electronic device among the judgment of the court below is not profitable, and thus, this part is excluded from the scope of the judgment of this court notwithstanding Articles 21-8 and 9 (8) of the Act

Therefore, the scope of this court's adjudication is limited to the defendant's case which was pronounced guilty by the court below.

2. The summary of the grounds for appeal (unfair sentencing) presented by the defendant's defense counsel on the grounds of misconception of facts and misunderstanding of legal principles in the statement of reasons for appeal. However, the defendant and the defense counsel explicitly withdrawn the argument about misunderstanding of facts and misunderstanding of legal principles during the reasons for appeal from the third trial trial date on the trial date on the grounds of appeal, and arranged that they dispute only unfair sentencing on the grounds of appeal. The above facts misunderstanding and misunderstanding of legal principles cannot be a legitimate ground for appeal, and ex officio examination of the court below erred by misunderstanding of facts

It does not seem that it does not appear.

The punishment sentenced by the court below (the completion of the sexual assault treatment program for 2 years and 6 months, and 40 hours) is too unreasonable.

3. Examining the various sentencing conditions of this case, the crime of this case is not good in light of the crime history, content, etc. as the case was raped by the Defendant with the victim, who is the mother of the university, drinking alcohol with the victim’s house, and drinking alcohol, and the crime of this case appears to have caused considerable mental impulse and sexual humiliation. Nevertheless, the Defendant stated at an investigative agency and the lower court as if the victim was cruel.

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