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(영문) 서울고등법원 2019.08.23 2019노1309
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 six years.

80 hours per the defendant.

Reasons

1. The court below rendered a judgment dismissing the prosecutor’s request regarding the part of the defendant’s case for attachment order and the part of the case for probation order regarding which the prosecutor’s request against the defendant was filed while rendering a judgment of conviction as to the part of the defendant’s case. Accordingly, there is no benefit of appeal as to the part of

Therefore, notwithstanding the provisions of Articles 9(8) and 21-8 of the Act on the Probation and Electronic Monitoring, etc. of Specific Criminal Offenders, the scope of inquiry by this court shall be limited to the part of the accused case among the judgment below, and the part of the request for attachment order and the request for probation order

2. Summary of grounds for appeal;

A. In relation to the crime of misunderstanding of facts in relation to the crime of violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (Rape, etc.) and the crime of causing property damage, the injury of the victim was incurred when the victim gets faced with the mard mar, and there was no fact that the defendant attempted to rape with the victim, and there was no fact that the statement by the victim about the developments

In addition, because the new gate of the new gate was lost by the victim as above, there is no fact that the defendant damaged the new gate.

Nevertheless, the judgment of the court below which found all of the above facts guilty is erroneous in misconception of facts.

B. The sentence imposed by the lower court (six years of imprisonment, etc.) is too unreasonable.

3. Judgment on the grounds for appeal by the defendant ex officio shall be examined ex officio.

Article 59-3(1) of the Act on Welfare of Persons with Disabilities prior to the amendment by Act No. 15904, Dec. 11, 2018, is a sexual crime defined in Article 2(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes or a sex offense against children and juveniles defined in subparagraph 2 of Article 2 of the Act on the Protection of Children and Juveniles against Sexual Abuse (hereinafter referred to as "sexual crime") and a medical treatment and custody.

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