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(영문) 대구고등법원 2016.09.29 2016노416
강간상해등
Text

1. The part of the judgment below excluding the compensation order shall be reversed.

2. The defendant shall be punished by imprisonment with prison labor for nine years;

3...

Reasons

1. Summary of grounds for appeal;

A. The Defendant and the respondent for an attachment order (hereinafter “Defendant”) were physically and mentally weak at the time of the crime of rape in this case.

2) The sentence sentenced by the lower court to the Defendant (nine years of imprisonment) is too unreasonable.

B. Prosecutor 1) It is unreasonable for the lower court to exempt the Defendant from the disclosure order and notification order of personal information.

2) The sentence of the lower court’s improper sentencing is too unhued and unreasonable.

2. Determination

A. According to the Defendant’s mental and physical weak argument, the record reveals that the Defendant was aware of the fact that he had drinking at the time of committing the crime of rape in this case, but the Defendant was able to get a black seal so as not to be guilty of committing the crime, and the Defendant was at the time of having sexual intercourse with the victim, while not having raped the victim at the police, and was at the time of having sexual intercourse with the victim, or was naturally sexual intercourse with the victim.

In full view of the fact that the Defendant actively testified for his act, the fact that the Defendant made a relatively detailed statement on the background leading to the crime in the prosecution, and other various circumstances indicated in the record, the Defendant was in a state in which the Defendant was unable to discern things or make decisions due to drinking at the time of the crime of rape in this case.

does not appear.

Therefore, this part of the defendant's argument cannot be accepted.

B. As to the prosecutor’s unfair assertion of exemption from disclosure or notification order, Articles 47(1) and 49(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes, where a judgment of conviction is rendered against a person who has committed a sexual crime, there are special circumstances that may not disclose personal information, such as where the defendant is a child or juvenile, etc.

such terms and conditions as may be determined;

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