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(영문) 광주고등법원 2018.10.11 2018노266
성폭력범죄의처벌등에관한특례법위반(강간등치상)등
Text

The judgment below

The part of the case of the defendant (including the part not guilty) shall be reversed.

The defendant shall be punished by imprisonment.

Reasons

1. Summary of grounds for appeal;

A. The sentence of the lower court (10 years of imprisonment) against the Defendant and the person who requested the attachment order (hereinafter “Defendant”) is too unreasonable.

B. Prosecutor 1) In the event of pregnancy due to rape asserted by misunderstanding of legal principles, the physical health status in itself has changed and serious impediment to the function of life.

It should be recognized as an injury in assessment.

However, the lower court rendered a not guilty verdict on the violation of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (Bodily Injury resulting from Rape, etc.) by deeming that pregnancy itself cannot be deemed as an injury on the grounds of

Therefore, this part of the judgment of the court below is erroneous by misapprehending the legal principles, which affected the conclusion of the judgment.

2) The lower court’s judgment’s wrongful assertion of sentencing is too unhued and unreasonable.

3) It is unreasonable for the lower court to exempt the Defendant from issuing an order to disclose personal information, even though there are no special circumstances that would not give notice of disclosure of the Defendant’s personal information.

4) It is unreasonable for the lower court to dismiss the request for attachment order, despite the need to attach a location tracking device due to high risk of repeating sexual crimes.

2. The part of the defendant case

A. We examine ex officio the grounds for appeal by the defendant and the prosecutor prior to the judgment.

Article 56(1) main sentence of Article 56(1) of the Act on the Protection of Children from Sexual Abuse (Act No. 15352), effective July 17, 2018, where a court pronounces a punishment for a sex offense against a child or youth or a sex offense against an adult (hereinafter referred to as "sex offense"), (excluding persons who have been sentenced to a fine under Article 11(5)) by judgment, for a certain period from the date on which the execution of all or part of such punishment is completed or suspended or exempted (where a fine is sentenced, the date on which such punishment becomes final).

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