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(영문) 광주고등법원 2019.07.11 2019노35
강도강간미수등
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for six years.

The information on the accused shall be disclosed for eight years.

Reasons

1. Summary of the grounds for appeal by the defendant and the respondent for the attachment order

A. The Defendant asserted that there was a mistake of facts or misapprehension of legal principles at the trial court, but withdrawn it on the fourth trial date.

1) The mentally and physically handicapped or the defendant and the person who requested an attachment order (hereinafter “defendant”)

(2) At the time of the instant crime, the Defendant was in a state of lacking or lack of the ability to discern things or make decisions due to emotional depression, shockal inclinations, etc. 2) The sentence (seven years of imprisonment) imposed by the lower court on the Defendant is too unreasonable.

B. In light of the degree of risk assessment of a sex offender in Korea (K-SORAS) and the assessment result of screening of a mentally ill person (PCL-R), the Defendant’s attitude after the crime, etc., the Defendant’s order to attach an electronic tracking device for 10 years against the Defendant is unreasonable.

2. Judgment on the grounds for appeal by the defendant ex officio shall be examined ex officio.

A. The prosecutor changed the name of the crime into a crime of violating the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (Indecent Act by Indecent Act by Indecent Act) and a crime of attempted robbery in the trial, and changed the name of the crime into a crime of attempted robbery in the charges of attempted robbery, and committed the charge and the charge of requesting an attachment order [the facts of the crime] 4] and 14-17 in the charges and 14-17 in the case where “the victim tried to have sexual intercourse with the victim and take money from the place outside of the house in which he had displayed the base, but did not achieve that intent by escaping from the house. Accordingly, the Defendant’s assault to force the victim’s property, and attempted to commit rape during the crime, and attempted to force the victim and take money and valuables from the victim.” However, the victim did not escape from the house by demonstrating the base.

Accordingly, the defendant intrudes upon the victim's residence and forced the victim to do so.

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