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(영문) 서울고등법원 2017.09.15 2017노1038
강간등
Text

All judgment of the court below is reversed.

A defendant shall be punished by imprisonment for eight years.

80 hours against the defendant.

Reasons

1. Summary of grounds for appeal;

A. Each sentence of the lower court (the first instance court: 5 years of imprisonment and 10 months of imprisonment) (the first instance court; the second instance court: 10 months of imprisonment) is too unreasonable.

B. Prosecutor 1) The sentence of the lower court’s 1st sentence is too uneasible and unfair.

2) It is unreasonable for the first instance court to exempt the Defendant from an order to disclose personal information.

2. The judgment of the court below in the first and second instances against the defendant in the judgment of the court below, and the defendant filed an appeal against each of the above two cases, and the court decided to consolidate the above two cases. The crime of the first and second judgment against the defendant in the first and second instances is one of the concurrent crimes under the former part of Article 37 of the Criminal Act, and thus one sentence should be imposed pursuant to Article 38 of the Criminal Act. Thus, the judgment of the court below in the first and second instances cannot be maintained as it is.

In addition, in the first instance trial, the prosecutor filed an application for amendment to a bill of amendment to the indictment with the purport that the crimes against the judgment of the court of first instance and the applicable laws, and part of the charges are about the injury caused by rape in the course of rape, and since this court permitted this and changed the subject of the judgment, the judgment of the court of first instance cannot be maintained any more in this respect.

3. The judgment of the court below Nos. 1 and 2 is reversed and all of the judgment of the court below are reversed, and the arguments are delivered as follows, without examining the error of sentencing by the defendant and the prosecutor, and the prosecutor's improper assertion of exemption from disclosure notification order, and without examining the prosecutor's improper assertion of exemption from disclosure notification order.

【Grounds for a new judgment】 Facts constituting an offense and summary of evidence recognized by the court, and summary of evidence thereof are identical to the facts stated in the corresponding column of the first and second judgment except for the dismissal of the judgment below as follows. Thus, they are cited in accordance with Article 369 of the Criminal Procedure Act.

1. The column for "criminal facts" of the resolution of the original judgment

A. Two pages of the judgment of the court below

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