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(영문) 대구고등법원 2020.10.14 2020노267
강간치상등
Text

1. The part concerning the crime of rape and bodily injury resulting from rape in the judgment of the court below and the part concerning the probation order ex officio.

Reasons

1. The lower court rendered a judgment of conviction on the part of the Defendant case regarding which the request for attachment order was filed, and dismissed the prosecutor’s request regarding the part regarding which the request for attachment order was filed, and ordered probation ex officio pursuant to Article 21-3(2) of the former Act on the Electronic Monitoring, etc. of Electronic Devices (amended by Act No. 16923, Feb. 4, 2020; hereinafter “Electronic Monitoring Act”), and only the Defendant appealed.

Therefore, notwithstanding the provisions of Article 9(8) of the Electronic Monitoring Act, the trial scope of this court is limited to the part of the defendant's case and the part of the ex officio probation order (see Articles 9(8) and 21-8 of the Electronic Monitoring Act, if a defendant files an appeal against the part of the judgment below regarding the defendant's case, the appeal is deemed to have been filed as to the part of the case of the case of the attachment order or the part of the case of the probation order, and it is reasonable to view the part of the probation order issued by the court ex officio pursuant to Article 21-3(2) of the Electronic Monitoring Act as the same nature of the case.

(A) The defendant explicitly withdraws the claim of mental disability during the first trial of this Court, and argued that it would be considered as the grounds for sentencing. (3)

A. The crime of injury resulting from rape in the part of the judgment of the court below is that the defendant forced the victim to have sexual intercourse during the period when the defendant had sexual intercourse with the victim who had the sexual intercourse in a singing room.

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