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(영문) 서울고등법원 2013.10.10 2013노2002
특수강도미수등
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than two years and six months.

Sexual assault against the defendant for 80 hours.

Reasons

1. Summary of grounds for appeal;

A. The punishment sentenced by the lower court (one year of imprisonment) is too unreasonable.

B. A prosecutor (1) misunderstanding of facts and misunderstanding of legal principles (violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes) appealed against the whole judgment of the court below, but did not submit a legitimate ground for appeal with respect to attempted special robbery, which is the primary charge among the acquittal portion of the judgment below's acquittal.

The defendant reversed the statement about the charge of rape and robbery from the police to the court of the court below. The defendant, at the time of the crime, entered the apartment door with the victim's front door, led the victim underground, threatened the victim's body, threatened the victim with the victim's entrance and snow, started rape, made it possible for the victim to suffer rape damage in the police, attempted access to other women at the scene of the crime, and there was a history of the defendant being sentenced to suspended sentence due to rape injury, it is sufficiently recognized that the defendant attempted to rape and attempted to commit rape, taking full account of the following: (a) the defendant invaded on the apartment and attempted to commit rape.

Nevertheless, the court below rendered a not-guilty verdict on this part of the conjunctive charges. The court below erred by misunderstanding of facts or misunderstanding of legal principles.

(2) The sentence of imprisonment (one year of imprisonment) imposed by the lower court is too uneasible and unfair.

2. Judgment on the prosecutor's misconception of facts and misapprehension of legal principles

A. The summary of the facts charged [the facts charged in favor of the Defendant] around February 21, 2013, the Defendant reported the victim E (the age 29) around the entrance of the first floor of the Seoul Special Metropolitan City Gwangjin-gu D apartment 214, and opened the secret number to the victim following the entrance to the entrance, and prevented the Defendant from entering the entrance in order to prevent sound.

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