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(영문) 부산고등법원 2014.05.14 2013노514
성폭력범죄의처벌등에관한특례법위반(주거침입강간등)등
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for six years.

A candidate for medical treatment and custody shall be punished by medical treatment and custody.

Reasons

1. Summary of grounds for appeal (hereinafter referred to as "defendants")

[Attachment]

A. The judgment of the court below which found the defendant guilty of special rape in the absence of the fact that the defendant threatened the victim D with a knife by threatening the victim D, and thereby suppressing the resistance, is erroneous in the misunderstanding of facts or in the misunderstanding of legal principles which affected the conclusion of the judgment.

B) Rape with the victim F (hereinafter “ second crime”)

(1) The lower court’s judgment convicting the Defendant of the crime No. 2 without having been at the scene of the crime was erroneous and adversely affected the conclusion of the judgment. (2) In light of the Act on the Punishment of Sexual Crimes and the Protection of Victims, etc. (hereinafter “related case”), the lower court’s judgment against the Defendant was final and conclusive.

(2) In the investigation, the Defendant had already known of the second crime and omitted the subject matter of prosecution in the instant case, and later, the Defendant had been prosecuted at the time of the expiration of the term of punishment. This constitutes an abuse of the right of prosecution by allowing the Defendant to suffer disadvantages from a trial at the same time. (2) The sentence of the lower court of unreasonable sentencing (7 years of imprisonment) is too unreasonable.

(b) The judgment below ordering the medical treatment and custody, the attachment of an electronic tracking device (20 years), and the pharmacologic treatment order (5 years) considering the fact that the defendant has no risk of recidivism any longer since his/her long-term confinement life in the part of the request for a medical treatment and custody, an attachment order,

2. Judgment on misconception of facts and misapprehension of legal principles

A. As to the crime No. 1, the summary of the facts charged is as follows: (a) the Defendant reported on July 11, 2003 to the victim D (e.g., at the house of the age of 14, at the age of 14) located in Daejeon Dong-gu, Daejeon, about July 11, 2003.

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