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본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
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(영문) 서울고등법원 2019.01.25 2018노2913
강간등
Text

Defendant

In addition, the appeal by the person who requested the attachment order is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The Defendant and the person requesting an attachment order (hereinafter “Defendant”) in the part of paragraph (1) of the criminal facts stated in the judgment of the court below (hereinafter “Defendant”) do not allow the victim to drink psychotropic drugs, and spits are spits by spits, which are psychotropic drugs, in order to rape the victim.

Nevertheless, this part of the judgment of the court below which recognized that the defendant had been raped by strokem to the victim in order to rape was erroneous in the misapprehension of facts.

B) On the other hand, the Defendant did not have sexual intercourse with the victim after the victim recovered awareness. Nevertheless, there was an error of misunderstanding of facts in the judgment of the court below finding the Defendant guilty of this part of the crime. 2) When the Defendant attempted to impair the N’s portable tracking device, the Defendant was in a state of mental health and physical disability, where the Defendant was in a state of insufficient ability to either exploitize or make decisions on the stroke-ming and drinking excessively.

Nevertheless, the judgment of the court below which did not reduce mental illness is erroneous in misconception of facts or misapprehension of legal principles.

3) It is unreasonable for the lower court to order the disclosure and notification of personal information to the Defendant for seven years, which was unfair in sentencing (eight years of imprisonment). 4) It is unreasonable for the lower court to order the Defendant to disclose and notify the personal information for the seven years.

5 The court below's improper order of employment restriction to the defendant for seven years is unfair.

B. It is unreasonable for the lower court to order the Defendant to attach an electronic tracking device for 10 years.

2. Determination:

A. Part 1 of the defendant's case concerning misunderstanding of facts) The defendant alleged in the part of paragraph 1 of the crime in the judgment of the court below as the ground for appeal in this part, and the court below acknowledged the evidence duly adopted and investigated.

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