logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울고등법원 2018.01.30 2017노3238
성폭력범죄의처벌등에관한특례법위반(강간등상해)등
Text

Defendant

In addition, all appeals filed by the respondent for attachment order and the prosecutor are dismissed.

Reasons

The summary of the grounds for appeal and the person who requested to attach an attachment order (hereinafter referred to as “Defendant”): The sentencing of the Defendant’s case is unfair because the sentence (12 years of imprisonment) sentenced by the lower court is too unreasonable.

Unfairly ordering disclosure of personal information: It is unfair that the court below ordered disclosure of personal information of the defendant for a period of ten years.

Part of the claim for attachment order: It is unfair that the court below ordered the defendant to attach an electronic device for 20 years.

The sentence imposed by the court below against the defendant is too uneasible and unfair.

Judgment

The Defendant alleged in the lower court that “the Defendant committed assault and bodily harm against the victim, but did not commit rape.” However, the entire crime of this case was acknowledged in the reflective text submitted after the closure of pleadings at the lower court, and the Defendant withdrawn such assertion on the first trial date at the trial of the first instance.

However, the defendant reverses the existing position at the second trial date of the trial and asserts that the above facts are erroneous, but this is not a legitimate ground for appeal as it has been submitted after the lapse of the period for submission of the reasons for appeal.

Even if examining ex officio the above argument, the court below rejected the above argument on the ground that the defendant's argument in detail is recognized as an facts charged by giving a detailed judgment on the defendant's argument. In comparison with the reasoning of the judgment below, the court below's above determination is just, and there is an error of law by mistake of facts.

subsection (b) of this section.

The crime of this case in relation to the wrongful argument of sentencing between the two parties is very heavy in that the defendant assaulted the victim at his own discretion, rape and snife with a deadly weapon in the state of suppressing the resistance, and the crime of this case is committed.

Accordingly, the victim needs to treat the victim for a period of three weeks.

arrow