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(영문) 서울고등법원 2014.08.21 2014노408
강간치상등
Text

Defendant

In addition, all appeals filed by the respondent for attachment order shall be dismissed.

Reasons

Summary of Grounds for Appeal

The defendant and the respondent for attachment order (hereinafter referred to as the "defendant") in the part of the defendant's case did not have committed rape by assault or threat (no fact exists that the defendant plaled or plaled the victim's hand, or included the victim's fingers in the sound book), and even if not, the injury suffered by the victim does not occur in the course of attempting rape.

Even if the injury suffered by the victim of a snow death was incurred in the course of attempting to rape, it does not constitute an injury to rape as a minor injury.

The sentence of unfair sentencing (two years and six months of imprisonment, 40 hours of orders to complete sexual assault treatment programs, disclosure of personal information, and 4 years of notification) by the lower court is too unreasonable.

It is unfair that the court below's order to attach an electronic tracking device to the defendant in the part of the request for attachment order, although the defendant does not have the risk of recidivism or recidivism of sexual crime, is unfair, and the period (10 years) is too long.

The lower court determined that the part of the Defendant case’s argument that there was no assault, threat, or rape of the victim, and that the injury suffered by the victim was not a result of the Defendant’s attempt to rape, based on the following circumstances acknowledged by the evidence of the case, the lower court acknowledged the following facts: (a) the Defendant attempted to rape the victim while harming the victim’s resistance by plucking, breaking, cutting off, and pressing the victim’s fingers; and (b) attempted to rape the victim, and (c) the Defendant sustained the victim’s injury as stated in its reasoning during that process.

(1) The injured party shall set up a taxi in an investigative agency and a court of original instance, and on March 10, 2013, at the same time, on the way that they play in a club and drinking house, etc., and the accused and the driver’s day of the lower court.

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