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(영문) 서울고등법원 2020.06.25 2019노2500
성폭력범죄의처벌등에관한특례법위반(강간등상해)등
Text

The judgment below

The part of the defendant's case shall be reversed.

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

(b) the defendant;

Reasons

The court below sentenced the accused accused case to dismiss the prosecutor's request for conviction and probation order. The only accused case was appealed against the accused case.

Notwithstanding Articles 21-8 and 9(8) of the Act on Probation and Electronic Monitoring, etc. of Specific Criminal Offenders, a request for probation order is excluded from the scope of judgment of this court as there is no benefit to appeal against the defendant, and only the defendant's case falls under the scope of judgment.

Summary of Grounds for Appeal

The defendant commits an indecent act, such as misconception of facts or misunderstanding of legal principles (Article 1 and 2 of the facts stated in the judgment of the court below) from June 2012 to around September 2012 as stated in paragraph (1) of the facts constituting the crime in the judgment of the court below, by taking charge of the victim's losses and using and rhing the victim's losses, and by taking the victim's losses around December 10, 2013 as stated in paragraph (2) of the facts constituting the crime in the judgment of the court below, it is recognized that the defendant committed an indecent act (hereinafter referred to as "each indecent act in the case of this case where it is not necessary to specify them) by taking the victim's losses

However, there is no causal relationship between each indecent act in this case and the treatment days in which the victim complained of the unexplosion, adaptation disorder, divided disorder, and symptoms of unknown early-time disorder, etc. (hereinafter “instant mental injury”).

The defendant could not have predicted that the victim would suffer mental injury of this case at the time of each indecent act in this case.

Nevertheless, the judgment of the court below which convicted all of the charges in this case of violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and violation of the Act on the Protection of Children and Juveniles against Sexual Abuse, is erroneous by misapprehending the facts or by misapprehending the legal principles, which affected

The sentence of unfair sentencing (five years of imprisonment, etc.) by the lower court is too unreasonable.

Judgment

misunderstanding of facts or misapprehension of legal principles.

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