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(영문) 부산고등법원 (창원) 2013.09.26 2013노273
성폭력범죄의처벌및피해자보호등에관한법률위반(특수강간)등
Text

Of the judgment of the first instance, the part concerning the crime of the first instance as stated in the judgment of the first instance and the part concerning the claim for attachment order.

Reasons

1. Progression of litigation and scope of adjudication of this court;

A. A. The Prosecutor’s progress 1) The Defendant and the person to whom the attachment order was requested (hereinafter “Defendant”).

(2) The first instance court found the Defendant guilty of the violation of the Act on the Punishment of Sexual Crimes and the Protection of Victims (Special Rape) on the grounds that there is insufficient evidence as to the charges against the Defendant, and found the Defendant guilty of the violation of the Act on the Control of Narcotics, etc. (Article 2012, 2012, 368, and 369 of the Act on the Control of Narcotics, Etc.) and the violation of the Act on the Control of Narcotics, etc. (Article 2012, 369 of the Act on the Control of Narcotics, etc.) and sentenced the Defendant guilty of the violation of the Act on the Control of Narcotics, etc. (Article 201, 200, 2000, 2000).

Accordingly, the Defendant appealed on the part of the Defendant’s case on the ground of unreasonable sentencing, on the ground that the attachment order request is unreasonable.

3. The first instance court prior to the remanding of the case shall be sentenced to five years of imprisonment by destroying this part for the reason that the first instance court's punishment on the crime No. 1 of the judgment of the court of first instance is too unreasonable, and the second instance's appeal against the defendant's crime No. 2 of the judgment of the court of first instance was dismissed.

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