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(영문) 서울고등법원 2014.09.26 2014노1569
성폭력범죄의처벌및피해자보호등에관한법률위반(강간등상해)등
Text

The judgment below

The part of the case of the defendant is reversed.

A defendant shall be punished by imprisonment for ten years.

. Information on the Defendant.

Reasons

1. Summary of grounds for appeal;

A. The sentence of imprisonment (11 years of imprisonment) imposed by the lower court on the Defendant and the person against whom the attachment order was requested (hereinafter “Defendant”) is too unreasonable.

(2) It is unreasonable for the lower court to order the Defendant to attach the attachment period for 20 years.

B. The sentence imposed by the prosecutor by the court below on the defendant is too uncomfortable.

2. Determination

A. Ex officio determination on the defendant's case (as to the provisions of Article 1-1 (a) and (b) of the judgment of the court below), the court below held that the defendant invadedd his residence and attempted rape and inflicted bodily injury on each victim.

paragraphs 1 and 2.

Article 4 of the Addenda of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (amended by Act No. 10258, Apr. 15, 2010); Article 5(10) of the former Act on the Punishment, etc. of Sexual Crimes (amended by Act No. 10258, Apr. 15, 2010; hereinafter “former Act on the Punishment, etc. of Sexual Crimes”); Article 9(1) and Article 5(1) of the former Act on the Punishment, etc. of Sexual Crimes; Article 319(1) of the Criminal Act; Article 297 of the former Criminal Act (amended by Act No. 11574, Dec. 18, 2012); Article 5(10 of the former Act on the Protection, etc. of Victims of Sexual Crimes (amended by Act No. 10258, Apr. 15, 2010; hereinafter “former Act”).

However, each of the above crimes committed by the defendant is an intrusion upon another's residence and causing bodily injury to the victim during the attempted rape, and Article 12 of the former Act on the Punishment of Sexual Crimes and Protection of Victims Thereof should be added to the applicable provisions of the applicable provisions of the Act.

The first indictment was omitted under Article 12 above, but the prosecutor added it on the second trial of the original instance.

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