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본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
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(영문) 서울고등법원 2014.08.22 2014노1726
성폭력범죄의처벌등에관한특례법위반(강간등상해)등
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for five years.

No. 1 of the date of seizure (No. 1 of the certificate).

Reasons

1. Summary of grounds for appeal;

A. The sentence (five years of imprisonment) imposed by the lower court on the Defendant and the person requesting the attachment order (hereinafter “Defendant”) is too unreasonable.

B. It is unnecessary to attach an attachment order to a criminal defendant who is improper to attach an attachment order because the criminal defendant does not pose a risk of recommitting a sexual crime, and even if necessary, the period set by the court below is too unreasonable.

2. Determination

A. We examine the Defendant’s assertion of unfair sentencing regarding the Defendant’s case before examining the Defendant’s assertion of unfair sentencing.

In the first instance of the judgment of the court below, the prosecutor filed an application for modification of the indictment to exchange the criminal facts of paragraph (1) of the judgment of the court below from "violation of the Act on the Protection of Children and Juveniles against Sexual Abuse (Rape, etc.) to "Rape Injury", and the applicable provisions of Acts to "Articles 9 and 7 (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse" to "Articles 301 and 297 of the Criminal Act

The indictment stated this part of the facts charged as the "Violation of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (Rape, etc.)", and the applicable provisions of the Act on the Punishment, etc. of Sexual Crimes were stated as "Articles 8 (1) and 6 (1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes, and Article 297 of the Criminal Act". However, during the 12th trial of the lower court, the criminal name was changed to "Violation of the Act on the Protection of Children and Juveniles against Sexual Abuse (Rape, etc.)" and the applicable provisions of the Act was changed to "Article

Therefore, in the trial court, the subject of the above part was changed, and the changed subject of the above judgment and the remaining criminal facts in the judgment of the court below are concurrent crimes under the former part of Article 37 of the Criminal Act, and thus, one sentence should be sentenced. Thus, the part of the judgment of the court below concerning the defendant

B. The lower court duly adopted and examined the case on the request for attachment order.

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