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(영문) 서울고등법원 2017.04.27 2016노4163
강간등
Text

Defendant

In addition, the appeal by the person who requested the attachment order is dismissed.

Reasons

1. Summary of grounds for appeal;

A. 1) The defendant and the person to whom the attachment order was requested (hereinafter the defendant) have no fact of rape in the victim E or any similar rape in the victim F.

2) There was no fact that the Defendant attempted to rape the victim L or M.

3) There was no fact that the Defendant attempted to induce the victim P and Q to the telecom for the purpose of sexual intercourse.

4) The Defendant did not induce the victim T or U to have sexual intercourse or forced the victim T to commit an indecent act on the part of the juvenile.

5) Nevertheless, the court below found all of the facts charged of this case guilty. The court below erred by misunderstanding the facts and misunderstanding the legal principles.

B. At the time of the instant crime, the Defendant was drunk or physically and mentally weak due to a mental disorder.

(c)

Sentencing improper sentencing of the court below is too unreasonable.

(d)

The court below's order to disclose and notify the defendant's information for a period of five years, even though there are special circumstances that may not disclose the personal information of the defendant in violation of the disclosure and notification order.

E. It is unreasonable that the court below ordered the defendant to attach an electronic tracking device for 10 years, although there is no risk of recidivism and recidivism of sexual crime against the defendant who was improper in issuing an attachment order.

2. Determination

A. The Defendant also asserted that the judgment of the lower court on the assertion of mistake of fact is identical to the assertion of mistake of fact, etc., and the lower court rejected the aforementioned assertion by providing a detailed statement on the determination.

In full view of the circumstances revealed by the lower court, the following circumstances, i.e., the victims, who were duly admitted and investigated by the lower court, consistently stated in the investigative agency and the lower court on the date and place of the instant crime, the circumstances before and after the instant crime, etc., and the Defendant first met the victims on the day of the instant crime at investigative agency.

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