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(영문) 서울고등법원 2015.11.06 2015노1556
유사강간등
Text

Defendant

In addition, all appeals filed by the respondent for attachment order shall be dismissed.

Reasons

Summary of Grounds for Appeal

On December 27, 2014, the defendant and the person subject to a request to attach an attachment order (hereinafter referred to as "defendants") do not commit similar rape by either assaulting or threatening the victim to the extent that it makes it difficult to resist the victim, and there is no enemy threatening the victim as stated in the judgment. ② Although the victim expressed his desire to do so on January 3, 2015, there is no fact that the victim's chests and sponss can do so.

Nevertheless, the judgment of the court below which found the defendant guilty on the grounds of the victim's statement without credibility as to this part of the facts charged is erroneous in the misconception of facts.

The imprisonment (five years of imprisonment) imposed by the court below on the defendant is too unreasonable.

Although there is a special reason to not disclose or notify the personal information to the defendant, it is improper that the court below ordered the defendant to disclose or notify the personal information for five years.

It is unreasonable that the court below ordered the defendant to attach an electronic tracking device for five years, although it is difficult to see that the defendant applied for an attachment order to the part of the case, and furthermore, the defendant is not very likely to recommit a sexual crime.

Judgment

As to the assertion of mistake in the part of the defendant's case, the defendant argued the same as the grounds for appeal in this part.

The court below rejected the defendant's assertion in detail under the title of "the judgment on the defendant's and his defense counsel's assertion".

In full view of the following circumstances acknowledged by the evidence duly adopted and investigated by the lower court and the lower court, among the facts charged in the instant case.

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