logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 수원고등법원 2020.11.12 2020노434
강간등
Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The punishment sentenced by the lower court (along three years and six months of imprisonment) is too unreasonable.

B. The Defendant’s act of misunderstanding facts against the Defendant’s disposition of notice against the Defendant is “an act of leaving the door door in the victim’s residence at around 04:00 on December 11, 2019.” This part of the facts charged is that “Around 03:00 on December 11, 2019, a joint entrance door of the first floor was used with a password known at the victim’s residence at around 03:00 on December 11, 2019, and then the victim got back the front of the front of the front door of the victim’s residence, and repeatedly intrudes upon the victim’s residence by taking advantage of the number of the front door of the victim’s personal identification number,” and thus, the lower court erred by misapprehending the fact that the form of action cannot be deemed identical to the basic facts, and thus, acquitted the lower court’s judgment that acquitted the Defendant.”

3 In the absence of special circumstances, the court below is improper to exempt the defendant from the disclosure and notification order of information to the public, although the court below did not have to disclose or notify the defendant's personal information.

2. Determination

A. According to Article 9(3) of the Punishment of Minor Offenses Act, the lower court stated that where an offender has received a notification disposition and paid the penalty, the offense shall not be punished again, and this is recognized as having the effect corresponding to the final judgment for the payment of penalty pursuant to the notification disposition (see, e.g., Supreme Court Decisions 95Do1270, Jun. 28, 1996; 2002Do2642, Jul. 11, 2003). According to the evidence duly adopted and examined by the lower court, the Defendant has harmed the peace of residence, such as opening the door door at the victim’s residence on December 11, 2019.

arrow