(영문) 서울고등법원 2019.01.25 2018노3175 | 리걸엔진

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(영문) 서울고등법원 2019.01.25 2018노3175

성폭력범죄의처벌등에관한특례법위반(특수강간)등

Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for five years.

Sexual assault, 80 hours against the defendant.

Reasons

1. Summary of grounds for appeal;

A. As to the facts constituting a crime in the judgment of the court below, Defendant 1 did not say that “it is not difficult to allow a victim to see one face from male and female,” and there was no intention of intimidation since the victim only made the rest in the process of persuadeing the victim in order to recover a relationship. Furthermore, as to the facts constituting a crime in the judgment of the court below, there was no notification of harm and injury. As to Article 2 of the facts constituting a crime in the judgment of the court below, the defendant did not agree with the victim to knife the victim in mind, and did not arrest or rape the victim in knife by assault or assault, and did not take the victim’s body with a cell phone. 2) The punishment (4 years, etc.) sentenced by the court below of unfair sentencing is too unreasonable.

B. Prosecutor 1) In light of the fact that the sentence imposed by the lower court of unfair sentencing is too uneasible and unfair, and that the Defendant was punished for sexual crimes on three occasions, and the content of the instant crime, etc., it is unreasonable for the lower court to exempt the Defendant from the disclosure and notification of personal information and employment restriction order, even though it is necessary to restrict the employment of children and juveniles-related agencies, despite the need to disclose and notify the Defendant’s personal information to an unspecified number of victims, and to restrict the employment of children and juveniles-related agencies.

2. Determination

A. In full view of the following circumstances acknowledged by the evidence duly adopted and investigated, the lower court determined that the Defendant could have committed a crime as stated in the lower judgment, in view of the fact that the Defendant committed the crime as stated in the lower judgment.

(1) A victim shall be from an investigative agency to the court below.

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