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(영문) 서울고등법원 2018.12.06 2018노2218 (2)
강간등
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The Defendant, such as misunderstanding of facts, committed a sexual intercourse under an agreement with the victim D(a) who was a customer who was sexual intercourse, and did not assault and rape the victim.

Nevertheless, the court below found the defendant guilty of this part of the facts charged on the basis of the statements of the victim without credibility. The court below erred by misapprehending the legal principles and misunderstanding facts.

B. The sentencing of the lower court is too unreasonable.

(c)

There is an agreement with the victim E to commit the crime of unfair similar rape in the disclosure and notification order, and there is a risk of the defendant to commit the crime of sexual assault and recidivism.

Considering the fact that it is impossible to readily conclude, it is unfair to order the court below to disclose and notify the defendant's information for a period of five years, even though there are special circumstances for not disclosing the defendant's personal information.

(d)

It is unfair that the court below's improper order of employment restriction is unfair to order the defendant to be placed on employment for five years at child and juvenile-related institutions.

2. Determination

A. The Defendant asserted that the lower court had the same purport as the Defendant’s misunderstanding of facts, etc. as otherwise alleged in this part, and the lower court rejected the said assertion by providing a detailed statement on its determination.

In light of the following circumstances admitted by the court below in full view of the evidence duly adopted and examined by the court below, since the defendant could fully recognize the facts of rape by assaulting the victim D as stated in the court below's decision, the court below's finding and determination of the above facts are just, and there were errors such as misconception of the facts as alleged by the defendant.

subsection (b) of this section.

Therefore, this part of the defendant's assertion is without merit.

1) The victim is replaced by the investigation agency regarding the time of the instant crime and the situation before and after the instant crime, etc. to the court below’s decision.

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