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(영문) 서울고등법원 2014.04.10 2013노2990
성폭력범죄의처벌등에관한특례법위반(특수강간)등
Text

Of the judgment of the court below, the defendant's case and the judgment of the second court against the defendant and the respondent for attachment order.

Reasons

1. Summary of grounds for appeal;

A. Of the judgment of the court below of first instance, the part concerning the defendant's case 1) the defendant and the person to whom the attachment order was requested (hereinafter "defendant").

(2) As to the charge of violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (Special Rape) and violation of the Act on the Protection, etc. of Children and Juveniles against Sexual Abuse (Special Rape, etc.) among the criminal facts in the judgment of the court of first instance, Defendant E asserted from each appellate brief that mistake of facts was made in the grounds of appeal against the violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes against Children and Juveniles against Sexual Abuse, but all the Defendants withdrawn the assertion of mistake of facts on the fourth day of the trial of the court of first instance. It is unreasonable that each punishment (for Defendant A, the maximum term of five years of imprisonment with prison labor for Defendant A and the maximum of four years of imprisonment for Defendant E) that the court of first instance declared against the

B. Of the judgment of the court below of the first instance, the part on which the request for attachment order was filed (public prosecutor) Defendant A committed a sexual crime more than twice, committed a sexual crime against a person under the age of 19, committed a sexual crime, and dismissed the request for attachment order even though it is dangerous to recommit a sexual crime.

C. The punishment (long-term eight months of imprisonment) sentenced by the lower court against Defendant A is too unreasonable, as the lower court’s judgment of the second instance judgment (Defendant A) is too unreasonable.

2. Determination:

A. We first examine the part of the judgment of the court of first instance concerning the defendant A and the judgment of the court of second instance on the grounds for appeal against the defendant A and the prosecutor.

1. As to the judgment of the court below in the first and second instances, the prosecutor filed each appeal against the judgment of the court of first instance, and each of the above appeals case was tried concurrently at the court of first instance. The facts constituting the crime of each judgment of the court below are concurrent crimes under the former part of Article 37 of the Criminal Act and are all the facts constituting the crime in accordance with Article 38(1)2 of the Criminal Act.

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