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(영문) 서울고등법원 2014.11.13 2014노2537
성폭력범죄의처벌등에관한특례법위반(장애인에대한준강간등)등
Text

All the judgment below is reversed.

A defendant shall be punished by imprisonment for seven years.

Sexual assault, 80 hours against the defendant.

Reasons

1. Summary of grounds for appeal;

가. 피고인 겸 피부착명령청구자 ⑴ 피고사건 부분 ㈎ 사실오인 피고인 겸 피부착명령청구자(이하 ‘피고인’이라 한다)는 이 사건 공소사실과 같이 피해자를 강간한 사실이 없다.

㈏ 양형부당 원심이 피고인에 대하여 선고한 형(징역 6년)은 너무 무거워서 부당하다.

㈐ 신상정보 공개고지명령 부당 피고인에게 재범의 위험성이 있다고 볼 수 없음에도 불구하고, 원심이 피고인의 신상정보를 공개고지하도록 명한 것은 부당하다.

It is improper for the court below to order the defendant to attach an electronic tracking device, although the defendant does not pose a risk of repeating a crime.

B. The Prosecutor (i.e., the Defendant’s case) sentenced by the lower court to the Defendant (six years of imprisonment) is too uncompared and unreasonable.

The period (five years) of the attachment order (five years) imposed by the court below on the defendant in the part of the case of request for the attachment order is too short and unfair.

2. Determination

A. In full view of the following circumstances acknowledged by the evidence duly admitted and examined by the lower court as to the part of the Defendant’s case, the victim’s statement can be deemed to have been reliable, and the facts charged in the instant case are fully recognized as guilty.

Therefore, the defendant's above assertion is without merit.

① Around 8:00 a.m. on the day following the instant crime, the victim talked about the Defendant’s criminal act to H, the mother of the victim, and H, at around 9:00 a.m., discussed that “the Defendant abused the victim, such as the front line, to G, the neighbor of the victim.”

After 10:00 am at 10:00 am, the victim called "the defendant was satisfing his chest and satisfing his baby" by phone to the physical clinic who was known to him while living in the facility (K), and the victim who suffered the defect that I should report to the police.

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