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(영문) 부산고등법원 2018.08.22 2018노350
성폭력범죄의처벌등에관한특례법위반(친족관계에의한강간)등
Text

The judgment below

The part of the case of the defendant is reversed.

A defendant shall be punished by imprisonment for ten years.

For the defendant.

Reasons

1. Summary of grounds for appeal;

A. Defendant and the person who requested an attachment order (hereinafter “Defendant”) to whom the attachment order was sought (hereinafter “Defendant”) misjudgments the Defendant’s mistake (special intimidation) and intimidation the victim in a knife.

2) The lower court’s unfair sentencing (10 years of imprisonment, confiscation) is too unreasonable.

3) It is unreasonable for the Defendant to order the attachment of an electronic tracking device to a location tracking device for a period of ten years, recognizing the cause of the request for attachment order in the lower court, even though the Defendant did not pose a risk of recidivism or recidivism of sexual assault crimes.

B. As long as a prosecutor files an appeal against the Defendant’s case, it shall be deemed that an appeal has been filed regarding the claim for attachment order pursuant to Article 9(8) of the Act on the Protection and Observation of Specific Criminal Offenders and the Electronic Monitoring, Etc., but since the appeal petition or the reasoning of appeal does not specify the specific grounds for objection regarding the claim for attachment order, it is deemed that only the Defendant’s case is subject to unfair sentencing.

The sentence of the court below is too unhued and unfair.

2. The judgment of the court below as to the assertion of mistake of facts is acknowledged based on the evidence duly adopted and investigated by the court below. In other words, ① the victim "at the time of the marbation of the marbly from inside and outside of her body, the defendant brought about the defendant's hand in knife with knife with knife with knife with knife with knife with knife with knife with knife with knife with knife with kn

(2) The victim suffered from rape, etc. on several occasions from the Defendant, etc.

The defendant stated that the defendant was also aware of such fact, but only the victim was threatened with knive knife, but the victim was able to make a false statement.

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