(영문) 서울고등법원 2017.09.22 2017노1884 | 리걸엔진

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자간(%)

(영문) 서울고등법원 2017.09.22 2017노1884

강간상해등

Text

Defendant

In addition, the appeal by the person who requested the attachment order and the requester for the protective order shall be dismissed.

Reasons

1. Summary of grounds for appeal;

A. Part 1 of the case concerning Defendant 1 of the lower judgment (crime No. 1 of the crime as indicated in the lower judgment) and the Defendant and the requester for an attachment order, and the requester for an order to observe an order to protect the victim (hereinafter “Defendant”) have committed an indecent act by force on the victim’s face. However, there is no fact that the victim committed an indecent act.

However, the judgment of the court below which found the Defendant guilty of this part of the facts charged is erroneous and erroneous.

2) The punishment sentenced by the lower court (five years of imprisonment, etc.) is too unreasonable.

B. It is unreasonable for the lower court to order the Defendant to attach an electronic tracking device, even though the Defendant did not have committed any sexual crime as stated in the lower judgment with respect to the part of the request for attachment order, and there is no risk of preventing any sexual crime again.

In addition, the attachment period of the location tracking device (10 years) set by the court below is too unreasonable.

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 was sufficiently aware of the fact that he/she sustained injury by forcing the victim to commit an indecent act as stated in Article 1 of the Criminal Act, as stated in the lower judgment.

(1) A victim has consistently made a detailed and consistent statement from an investigative agency to the court of original instance on the situation in which he/she was committed an indecent act, the method and form of the pursuit and assault, the part of the injury, etc.

② A witness of the situation immediately after the crime of this case was committed and a victim was taken out of six times.

F also observed that the Defendant was strokeing the victim’s stroke because the Defendant had strokeed the victim’s stroke.

(3) The images of the damaged parts are consistent with the statements of the victim. <3> The contents and the degree of injury suffered by the victim, and the images of the damaged parts are consistent with the statements of the victim.

(4) A victim shall be the defendant.

유사 판례

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