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(영문) 서울고등법원 2019.10.25 2019노1923
감금등
Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. Defendant 1) The fact that the Defendant committed confinement and attempted rape (a misunderstanding of facts and misunderstanding of legal principles) that the Defendant told the victim C (a person under the age of 31) to “be off,” did not intend to commit rape, but did not intend to commit assault or intimidation at all, and the Defendant did not arrest the victim on the ground that the visit and the door at the time were not closed.

Nevertheless, the judgment of the court below which convicted this part of the facts charged is erroneous in misconception of facts or misapprehension of legal principles.

B) In the instant case, the Defendant was guilty of having met with the victim D on the day of the instant case, but there was no physical contact with the victim. Even if the Defendant assaulted the victim, the wife suffered by the victim does not constitute the injury of the crime of injury. Nevertheless, the lower court’s judgment convicting the Defendant of this part of the facts charged is erroneous in misunderstanding of facts or misunderstanding of legal principles. 2) The sentence sentenced by the lower court of unfair sentencing (one year and six months

3) Although there are special circumstances that prevent disclosure or notification of the personal information of the criminal defendant in breach of an order to disclose or notify the personal information of the criminal defendant, it is improper for the court below to order the criminal defendant to disclose or notify the personal information. (B) The punishment sentenced by the court below by the prosecutor (one and half years of imprisonment) is too unf

2. Determination

A. As to the Defendant’s assertion of mistake of facts and misapprehension of legal principles regarding attempted rape and confinement, the lower court also asserted the same as the grounds for appeal in this part. The lower court, based on the following circumstances, found the Defendant guilty of this part of the facts charged on the ground that: (a) the Defendant detained the victim C and attempted rape at the same time, as in the judgment of the lower court in full view of the aforementioned circumstances; and (b) the Defendant’s attempted rape and attempted rape as in the judgment of the lower court.

The court below's decision is legitimate in light of the circumstances stated by the court below.

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