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(영문) 대구고등법원 2014.12.04 2014노443
성폭력범죄의처벌등에관한특례법위반(강간등치상)등
Text

Defendant

In addition, all appeals filed by the person whose attachment order is requested and the prosecutor are dismissed.

Reasons

Summary of Grounds for Appeal

Defendant

In addition, the defendant did not know that he was a victim of the crime of this case at the time of the crime of this case.

Nevertheless, the lower court that recognized the Defendant’s rape was unlawful.

In light of the agreement with the victim of unfair sentencing claim, the sentence imposed by the court below on the defendant (four years of imprisonment) is too unreasonable.

In light of the facts-finding or misapprehension of legal principles on the part of the Defendant’s case case by the public prosecutor (not guilty part on the ground of rape, etc.) the victim suffered from the injury of the quality gate, which requires a single week medical treatment due to the crime of this case, and the fact that the victim was determined to give a first-time medical treatment under the name of the above sick person, it cannot be deemed that there is no need to provide medical treatment and that there is no hindrance to daily life even without receiving medical treatment.

Nevertheless, the lower court found the Defendant guilty of committing rape against the disabled, which is a part of the facts charged of the instant case.

In light of the mental suffering, etc. inflicted on the victim due to the instant crime claiming unfair sentencing, the sentence imposed by the court below on the defendant is too uneasible and unfair.

In light of the part regarding the claim for attachment order, the lower court’s dismissal of the Defendant’s request for attachment order, despite the recognition of the risk of repeating a sexual crime, is unlawful.

Judgment

According to the evidence duly adopted and examined by the court below as to the defendant's assertion of mistake or misapprehension of legal principles, the victim under the following circumstances (i.e., the expert opinion of sexual assault case prepared by the welfare counselor I.

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