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(영문) 부산고등법원 2014.04.23 2013노622
성폭력범죄의처벌등에관한특례법위반(강간등치상)등
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for five years.

80 hours against the defendant.

Reasons

1. A summary of the grounds for appeal (the defendant and the person to whom the attachment order is requested; hereinafter referred to as the "defendant");

A. Part 1 of the Defendant case: (a) misunderstanding of facts or misunderstanding of legal principles does not interfere with the daily life even if the injured party D was extremely minor and does not receive treatment; and (b) it does not constitute “injury” as referred to in the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (Rape, etc.). 2) The punishment sentenced by the lower court of unfair sentencing (seven years of imprisonment, 80 hours of orders to complete sexual assault treatment programs, 10 years of disclosure and notification orders, respectively) is too unreasonable.

B. It is unreasonable to order the attachment of an electronic tracking device for 10 years in consideration of the Defendant’s occupation and environment, the criminal conduct prior to the instant crime, the motive and means of the instant crime, and the circumstances after the crime.

2. Determination:

A. On April 21, 2013, around 06:00 on April 21, 2013, the summary of this part of the facts charged is that the Defendant: (a) committed an act of assaulting the said singing room employees in the “Esing room” in the operation of the victim D (the age of 53) located in Ulsan-gu, Ulsan-gu; and (b) intruded into the said singing room through the open door. The Defendant discovered the victims who were locked in the said singing room; (c) discovered the victims of the said singing room; and (d) stated that the steel stek (the entire length was about 10cm and the victim’s items were prevented from suffering from the victims’ hands, and “hinging, hinging, hing, and hinging,” the victim was “hing, hing, and hinging.”

The Defendant continued to set up the said spokes on the side of the victim’s head, and tried to leave the victim’s spokes and panty, and put the Defendant’s sexual flag into the victim’s resistance, but did not inserted, and tried to put the victim’s body into the victim’s spokes and hand on the part of the victim’s body.

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