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(영문) 서울고등법원 2015.02.05 2014노2525
성폭력범죄의처벌등에관한특례법위반(장애인강간)등
Text

The judgment below

The part of the defendant's case shall be reversed.

A defendant shall be punished by imprisonment for three years.

The defendant shall be 40 hours.

Reasons

1. Summary of grounds for appeal;

가. 피고인 겸 피부착명령청구자 ⑴ 사실오인 내지 법리오해 ㈎ 피고인은 피해자 C을 강간한 사실이 없다.

Furthermore, the victim C is not a person who has a disability to the extent that he/she cannot exercise his/her right to sexual self-determination, and the defendant does not recognize that the victim C is a person who has a disability to the extent that he/she cannot exercise his/her right to sexual self-determination, and does not commit rape with the victim C by recognizing

㈏ 피고인은 피해자 D를 강제추행한 사실이 없다.

B. The sentence of imprisonment (seven years of imprisonment) imposed by the court below on the defendant is too unreasonable.

B. (1) The sentence imposed by the lower court on the Defendant is too uneasible and unfair.

It is unreasonable for the Defendant to dismiss an attachment order of an electronic tracking device to dismiss the instant location tracking device despite the high risk of repeating sexual crimes.

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

A. Ex officio determination - A prosecutor of Amendments to Bill of Indictment applied for the amendment of Bill of Indictment to change the date and time of Article 1 of the indictment [Violation of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (Indecent Act by Indecent Acts on Relatives) and Violation of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (Indecent Acts on Minors under Age of 13] from May 2013 to “the hours between May and June 2013” as “the hours from May 1 to June 2013,” and this Court

Therefore, the judgment of the court below as to this part of the facts charged has no longer been maintained, and the part concerning the remaining crimes is also sentenced to a single punishment in relation to concurrent crimes under this part of the facts charged and the former part of Article 37 of the Criminal Act, and therefore, the part of the judgment of the court below as to

However, there is a reason to reverse the authority above.

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