(영문) 부산고등법원 2016.03.17 2015노637 | 리걸엔진

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(영문) 부산고등법원 2016.03.17 2015노637

성폭력범죄의처벌등에관한특례법위반(강간등치상)등

Text

The judgment below

The part of the case of the defendant is reversed.

A defendant shall be punished by imprisonment for nine years.

From the defendant, 100.

Reasons

1. Summary of grounds for appeal;

A. Part 1 of the case against the Defendant and the requester for an attachment order (hereinafter “Defendant”) are guilty in the judgment of the court below which convicted the Defendant as a crime of violating the Act on Special Cases Concerning the Punishment of Sexual Crimes, even though the Defendant and the requester for an attachment order (hereinafter “Defendant”) concealed the tracking of the police officer in the victim’s toilet after committing the crime against the victim D and did not attempt to commit rape against the victim E, while they used violence to discover and prevent the victim’s E, and did not attempt to commit rape against the victim.

B) The Defendant of mental and physical weakness, who committed each of the crimes indicated in the holding of the lower judgment, should be legally mitigated (the reduction of mental and physical weakness) on the ground that he/she was unable to recover from a state of recovery due to the administration of Mebamina, i.e., the mental and physical weakness at the time of each of the crimes except for a violation of the Act on the Control of Narcotics, Etc. (hereinafter “

C) The sentence sentenced by the lower court to the Defendant (12 years of imprisonment, etc.) is too unreasonable.

2) The pronouncement of the lower court’s sentence is too unhued and unreasonable.

B. Part 1 of the case where the attachment order is sought is unfair.

2) The period of the attachment order of an electronic tracking device (12 years) of the inspection location is too short and unjustifiable.

2. Determination

A. In the lower court’s determination as to the Defendant’s assertion of mistake as to the Defendant’s facts, the lower court rejected the Defendant’s assertion and found the Defendant guilty of committing the crime against the victim E, on the grounds as indicated in its reasoning, based on the evidence admitted in its reasoning.

Examining the judgment of the court below in comparison with the records, the judgment of the court below is just and it is erroneous in the misapprehension of facts, as alleged by the defendant.

Therefore, this part of the defendant's assertion is without merit.

참조조문

-마약류 관리에 관한 법률

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