(영문) 서울고등법원 2018.03.27 2017노3076 | 리걸엔진

beta

본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.

Text

Reasons

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 서울고등법원 2018.03.27 2017노3076

강간등

Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for five years.

For a period of seven years, information about the defendant.

Reasons

1. Summary of grounds for appeal;

A. On June 24, 2016, Defendant 1 and the person who requested an attachment order (hereinafter “Defendant”) with respect to the violation of the Act on Rape and Narcotics Control of Victims E, etc. on June 24, 2016, the Defendant and the person against whom the attachment order was requested (hereinafter “Defendant”) did not receive any exemption from the number incurred by the stroke method from the victim E, or rape the victim.

The defendant does not have a sexual relationship with the victim or has a sexual relationship under the agreement.

B) As to the Defendant’s attempted rape against the Victim H on February 22, 2017, violation of the Narcotics Control Act (influence), and indecent conduct by quasi-performance, the Defendant did not have any exemption from the number incurred by the mtroke, and there was no fact that the Defendant attempted to rape the victim or committed an indecent act by force.

The defendant was aware of the victim's her female-friendly room and tried to get off the victim's clothes, and the victim immediately suspended the defendant's act.

After that, the defendant did not enter a room with the victim, and even based on the victim's statement, the defendant found the wallets and the Handphone, but did not have the intention to force the victim to commit an indecent act.

The victim made a concrete statement in the investigative agency and the court below on the situation at the time of each of the crimes of this case.

It does not seem that it does not appear.

C) On May 9, 2017, with respect to attempted rape against the victim H on May 9, 2017, the Defendant only allowed E and the victim to drink the drinking water containing the ingredients of the stroke m to prevent the victim H who intends to gather E with female-friendly E, and did not intend to rape the victim.

2) The sentence sentenced by the lower court to the Defendant (eight years of imprisonment) is too unreasonable.

3) It is unreasonable for the lower court to order the Defendant to disclose and notify personal information for a period of ten years.

B. The lower court’s judgment regarding the attachment order.

참조조문

-마약류 관리에 관한 법률

유사 판례

-제주지방법원 2017.09.28 2017고합95

-창원지방법원 통영지원 2016.09.13 2016고합19

-대구고등법원 2017.10.16 2017노332

-대구지방법원 서부지원 2016.06.23 2016고합60

-서울고등법원 2016.05.19 2016노459