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(영문) 서울고등법원 2019.01.08 2018노1944
강간상해등
Text

The judgment below

The part of the defendant's case shall be reversed.

A defendant shall be punished by imprisonment for not less than two years and six months.

except that this judgment.

Reasons

1. Scope of the judgment of this court;

A. As to the part of the defendant's case, the court below rendered a judgment dismissing the prosecutor's claim regarding conviction (part of acquittal on the grounds), and the part regarding the case of probation order claim. Since only the defendant appealed, the part regarding the case of probation order claim does not have interest

Therefore, notwithstanding the provisions of Article 21-8 and Article 9(8) of the Act on Probation and Electronic Monitoring, etc. of Specific Criminal Offenders, this part is excluded from the scope of the judgment of this Court.

B. Meanwhile, the court below found the defendant not guilty of the charges of rape injury on the grounds thereof, and found the defendant guilty of the injury by indecent act within the scope of the same charges, and only the defendant appealed to the judgment below and appealed, and the prosecutor did not appeal to the part of acquittal on the grounds.

If so, according to the principle of non-guilty appeal, the verdict of innocence of the above reasons should be transferred to the trial court together with the guilty part. However, this part is already excluded from the object of attack and defense between the parties.

Therefore, the conclusion of the judgment of the court below shall be followed with respect to the acquittal portion of the above reasons, and it shall not be judged separately.

2. The summary of the grounds for appeal (e.g., imprisonment for a term of two years and six months, and orders to complete sexual assault treatment programs with a term of 120 hours) of the lower court against the Defendant is too unreasonable.

3. The judgment below committed the crime of this case by assaulting the victim who is mixed with the victim in the middle of the trial, towing the victim to the breath, blocking the victim from participating in the breath and sound, committing an indecent act against the victim's right chest, committing the crime of this case by continuously assaulting the victim and causing bodily injury to the victim.

It is very important for the defendant to commit crimes against unspecified women in the face of life.

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