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(영문) 서울고등법원 2015.11.06 2015노2146
강간미수등
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than one year and six months.

information about the defendant for three years.

Reasons

Summary of Grounds for Appeal

A. Part 1 of the Defendant case at the time of the instant crime of mistake of facts, the Defendant did not have the intent to rape the victim, and only was the criminal intent of indecent act by compulsion. The Defendant accessed the victim’s her mack to keep the victim’s mack, and there was no fact that the victim’s macks the victim’s macks in order to prevent the victim’s sound, but there was no attempt to attract the victim’s mack back to the delivery. Nevertheless, the lower court found the Defendant as having the criminal intent of rape and found the Defendant guilty of the facts charged of the instant case. 2) In so determining, the lower court erred by misapprehending the legal doctrine, which found the Defendant guilty of the facts charged of the instant case.

3 It is unfair that the court below ordered the defendant to disclose or notify the personal information for three years, even though there are special circumstances that the defendant should not disclose or notify the personal information.

B. It is unreasonable for the court below to order the person subject to the request for attachment order to attach an electronic tracking device for five years, although it is difficult to see that the person subject to the request for attachment order has a habit of a sex offense, and further it is not likely that the person subject to the request for attachment order will recommit

Judgment on the part of the defendant's case

A. On March 30, 2015, the Defendant of the facts charged of this case (excluding criminal power) was passing through a road near the bus stops located in the front of the bus stops located in Pyeongtaek-si, the 562-ro 89 (Song-dong), as of March 30, 2015, the Defendant: (a) brought the victim D (the Defendant, after his mind to report 20 years of age and rape, led the victim’s stroke from his arms to his arms; and (b) led the victim to his grass field by his delivery; (c) however, the Defendant was able to stroke, sound, and perfect the victim’s stroke.

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