(영문) 서울고등법원 2015.08.21 2015노1013 | 리걸엔진

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Reasons

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글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 서울고등법원 2015.08.21 2015노1013

강간미수등

Text

The judgment below

The part of the defendant's case shall be reversed.

A defendant shall be punished by imprisonment for two years.

The defendant shall be 40 hours.

Reasons

Summary of Grounds for Appeal

Defendant

In relation to the attempted rape of a person subject to the request for attachment order (hereinafter referred to as the "defendant"), the victim C, at the time, went to the place of this case by his/her own person, did not have the criminal intent of rape, and the defendant actually did not use any other type of force against the victim C.

The defendant's act does not constitute the commencement of the crime of rape, nor cannot it be viewed that there was an assault or threat required for the crime of rape.

Nevertheless, the judgment of the court below which found the defendant guilty of this part of the facts charged by the victim C's statement without credibility is erroneous in misconception of facts.

The sentence of imprisonment (two years of imprisonment) imposed by the court below on the defendant is too unreasonable.

The judgment of the court below that ordered the defendant to disclose or notify the personal information for three years, even though there are special circumstances that the defendant shall not disclose or notify the personal information to the public.

The sentence imposed by the prosecutor of the court below on the defendant is too uneasible and unreasonable.

Although the court below dismissed the defendant's request for attachment order of this case, it is improper that the court below dismissed the defendant's request for attachment order of this case's location tracking device.

Judgment

I will examine ex officio prior to the judgment on the grounds for appeal by the defendant and the prosecutor due to changes in the indictment on the part of the defendant case.

In relation to the second crime as stated in the judgment of the court below in the trial, the prosecutor's name of the crime is "injury" from "injury" to "Article 257 (1) of the Criminal Act", and the applicable provisions of law are "Article 260 (1) of the Criminal Act" from "Article 260 (1) of the Criminal Act". The third part of the judgment of the court below in the 8th part of the indictment is "the defendant inflicted injury on the victim, such as an un

참조조문

-형법 제257조 제1항

-형법 제260조 제1항

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