(영문) 광주고등법원 2015.04.02 2014노432 | 리걸엔진

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Reasons

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글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 광주고등법원 2015.04.02 2014노432

성폭력범죄의처벌등에관한특례법위반(친족관계에의한강간)등

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The judgment below

The part of the defendant's case shall be reversed.

A defendant shall be punished by imprisonment for five years.

80 hours per the defendant.

Reasons

1. Summary of grounds for appeal;

A. The sentence of the lower court (one hundred years of imprisonment) is too unreasonable for the Defendant and the person against whom the attachment order was requested (hereinafter “Defendant”).

B. According to the evidence submitted in the Defendant case A, it is unreasonable to determine that the Defendant could recognize the fact of rape even on December 20, 2013 and January 26, 2014, and that it was sexual intercourse by force, and that the Defendant was not guilty of the above rape.

B) In light of the method, motive and circumstance of the crime committed by the Defendant, relationship with the victim, etc., it is unreasonable for the lower court to exempt the Defendant from disclosure and notification of the Defendant’s personal information, barring any special circumstance that may not disclose or notify the Defendant’s personal information. C) The lower court’s punishment is too unreasonable and unfair.

2. The Defendant filed a claim for attachment order with respect to a victim of sheshel’s blocks during several times. In light of the background and method of the crime of this case, it is unreasonable for the lower court to dismiss the Defendant’s claim for attachment order against the Defendant, even though there is a risk of re-

3. Judgment on the prosecutor's assertion of mistake of facts

A. On December 20, 2013, the summary of the facts charged in this part of the charges is as follows: (a) the Defendant: (b) placed on the Defendant’s Track Road in the Gwangju Regional Police Agency located in the New Village of Gwangju Mine-dong on December 20, 2013; (c) placed in the Defendant’s Track-ro road in the Track-ro located in the Track-dong of Gwangju Regional Police Agency, and placed the Victim E (In such a case, the Defendant 17 years old arms and the Victim was cut off, cut off, and kid the Victim, and kid the Victim’s face; and (d) tried to have the Victim interfered with the Victim’s face. However, even if sexual violence continued at the time, the Defendant was suffering from the Defendant, and did not request the Victim’s mother to divorce, regardless of sexual violence continuing to exist, and led the Victim’s head by force.

유사 판례

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