logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울고등법원 2016.05.27 2016노755
성폭력범죄의처벌등에관한특례법위반(강간등치상)등
Text

The judgment of the court below is reversed.

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

Sexual assault against the defendant for 80 hours.

Reasons

1. Progress of litigation;

A. On April 17, 2015, the lower court convicted the Defendant of violation of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (Bodily Injury resulting from Rape, etc.), violation of the Punishment of Violences, etc. Act (a group, deadly weapons, etc.) and violation of the Punishment of Violences, etc. (a threat of a group, deadly weapons, etc.), and sentenced the Defendant to complete the sexual assault treatment program for

B. The Defendant filed an appeal against the lower judgment on the ground that the lower court erred by misapprehending the fact regarding the violation of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (the injury caused by rape, etc.) and the

On November 19, 2015, the trial prior to remand did not have any evidence to acknowledge that the defendant injured a victim as stated in the facts charged, among the violations of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (Rape, etc.) on the Punishment, etc. of Sexual Crimes. However, on the ground that the violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (Rape, etc. in Residence) was guilty, the court ordered the defendant to complete the sexual assault treatment program for 3 years and 80 hours.

(c)

On February 18, 2016, the Supreme Court rendered a final appeal against the judgment of the court before remanding, and the Supreme Court rendered a decision that "a person who committed a crime under Article 283 (1) (Intimidation) of the Criminal Act by carrying a deadly weapon or other dangerous object with a deadly weapon or other dangerous object and then committed a crime under Article 283 (1) of the Criminal Act" in Article 3 (1) of the former Punishment of Violences, etc. Act (amended by Act No. 12896, Dec. 30, 2014; and amended by Act No. 13718, Jan. 6, 2016; hereinafter referred to as "the person who committed a crime under Article 283 (1) (Intimidation) of the Criminal Act with a deadly weapon or other dangerous object and sentenced the same to the judgment of the court below before remanding the same, which constitutes a violation of the Constitution, and thus, constitutes a violation of Article 47 (3) of the Constitutional Court Act, such as intimidation and punishment.

arrow