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본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
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(영문) 서울고등법원 2015.11.06 2015노2239
성폭력범죄의처벌등에관한특례법위반(특수강간)등
Text

Defendant

In addition, the appeal by the person who requested the attachment order is dismissed.

Reasons

1. Summary of grounds for appeal;

A. Part 1 of the case of the defendant and the person requesting an attachment order (hereinafter referred to as the "defendant")

(2) The court below accepted the victim’s statement without credibility, and convicted the victim of all of the use photographing, such as coercion, confinement, special rape, and camera, and so on. The court below erred by misapprehending the facts and adversely affecting the conclusion of the judgment. 2) The court below’s sentencing (one-year imprisonment) against the defendant is unreasonable because it is too unreasonable because the defendant's sexual intercourse with the victim and forced the victim to take one illness or detained the victim. The defendant taken the victim, who is in a physical condition, with the victim’s sexual intercourse. However, the court below accepted the victim’s statement without credibility, and convicted the victim of all of the above facts.

3 Although there are special circumstances in which the disclosure and notification of personal information of the improper defendant should not be disclosed or notified, it is improper for the court below to order the defendant to disclose or notify the personal information for 10 years.

B. Although it is difficult to see that the defendant applied for an attachment order to the part of the case, and furthermore, it is unreasonable for the court below to order the defendant to attach an electronic tracking device for 10 years, even though the defendant is not highly likely to recommit a sexual crime.

2. Determination on the part of the defendant's case

A. In full view of the following circumstances acknowledged by the evidence adopted and investigated by the court below, the judgment of the court below that found the Defendant guilty of this part of the facts charged is just, and there was no error of misconception of facts in the misapprehension of the legal principles.

피해자는 ‘자신이 술 마시는 것을 거절하자 피고인이 과도를 꺼내어 들고 피해자를 바닥에 눕혀 칼로 배를 내리찍는 시늉을 하며 술을 마시도록 협박하였다.’는...

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