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The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for five years.
Sexual assault, 80 hours against the defendant.
Reasons
1. Summary of grounds for appeal;
A. Defendant case (1) The sentence imposed by the lower court on the Defendant and the respondent for an attachment order (hereinafter “Defendant”) (hereinafter “Defendant”) is too unreasonable.
(2) Although there are special circumstances under which disclosure or notification of personal information should not be disclosed or notified to the illegal defendant of the disclosure or notification order, it is improper for the court below to order the defendant to disclose or notify personal information.
B. The lower court’s issuance of an attachment order to the Defendant, even though the Defendant does not pose a risk of recidivism, is unfair and excessive for the period of attachment.
2. Ex officio determination
A. We examine ex officio the defendant's grounds for appeal on the part of the defendant's case prior to the judgment.
1) Of the facts charged in the instant case, the summary of the crime of kidnapping sexual intercourse is as follows: “Around 01:00 on July 28, 2012, the Defendant: (a) had the victim G (hereinafter “I”) who was waiting for a taxi in Mapo-gu Seoul Metropolitan Government H; (b) was working in the direction of a distance between the victim G (hereinafter “I”); (c) having discovered the fluor J and her woman’s ties, waiting for a taxi at the same time; and (d) having been driving in the direction of a distance between the destination and the passenger; and (c) had the victim been driven in the back of the taxi while under the influence of alcohol.
At around 01:20 on the same day, the Defendant stopped a taxi in front of the L Center located in Yeongdeungpo-gu Seoul Metropolitan Government, while stopping the taxi.
flocks
The term "sib" means that the sib has caused the sib to go off from the si, leading the J to get off another si, and taking advantage of the crebs, the victim who was locked under the influence of alcohol on the back seat.
Accordingly, the defendant kidnapped the victim for the purpose of sexual intercourse.
2) The Criminal Act amended by Act No. 11574 on December 18, 2012 (Article 288(1)) deletes the previous provisions on the crime subject to victim’s complaint (Article 296) for the purpose of abduction (Article 288(1). However, Article 2 of the Addenda to the Criminal Act.