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(영문) 서울고등법원 2016.05.17 2015노1528
성폭력범죄의처벌등에관한특례법위반(강간등상해)등
Text

The judgment below

The part of the case of the defendant is reversed.

A defendant shall be punished by imprisonment for three years.

Reasons

The court below rendered a judgment dismissing the prosecutor's claim regarding the part of the defendant's case and the part of the defendant's claim for observation order.

Since only the defendant appealed against this, the part of the claim for protection observation order is subject to no interest in appeal, and thus, the part of the claim for protection observation order is excluded from the scope of the judgment of this court, notwithstanding the provisions of Articles 21-8 and 9 (8) of the Act on the Protection and Electronic Monitoring, Etc. of Specific Criminal Offenders.

In regard to the charge No. 1 (the attempted rape in carrying dangerous objects) of the facts stated in the judgment of the court below, the defendant attempted to engage in a sexual intercourse with the victim, and attempted to stop sexual intercourse with the victim by speaking that the victim would demand money in return, and attempted to engage in a sexual dispute with the victim, and caused bodily injury to the victim by launching gas guns in his/her plaque in the face of his/her seat, and there was no fact that he/she assaulted or threatened the victim at the time of the attempt to engage in sexual intercourse.

The statements of the victim are not consistent, lack of accuracy, and credibility because they are not consistent with the common sense.

In addition, the defendant did not attempt to rape.

There are many circumstances to view.

Therefore, the judgment of the court below that recognized the crime of violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (Rape, etc.) under Paragraph (1) of the crime of the court below is erroneous or erroneous.

The punishment sentenced by the court below to the defendant (seven years of imprisonment) is too unreasonable.

On January 3, 2015, the summary of this part of the facts charged is as follows: (a) the Defendant, at around 24:00 on January 3, 2015, talked with D, his or her friendship E (n, 34 years of age) at the singing room under the “Moel” located under C, and talked with E (n, 34 years of age).

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