(영문) 서울고등법원 2018.12.11 2018노2065 | 리걸엔진

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(영문) 서울고등법원 2018.12.11 2018노2065

강간등

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The judgment below

The part of the case of the defendant is reversed.

A defendant shall be punished by imprisonment for seven years.

gallons 8(M-N950N).

Reasons

1. Summary of grounds for appeal;

A. Part 1 of the case of the defendant is erroneous and misapprehension of the legal principles (the point of each rape and similar rape), and the defendant and the requester for an attachment order (hereinafter referred to as the "defendant") merely committed a sexual intercourse or similar act under the agreement with the victim, and did not commit assault or intimidation necessary for the establishment of the crime of rape or similar rape.

Although the defendant stated that he would leak the victim with sexually related dynamic images or to breath internal ties, the defendant did not think that such horses were intimidations to the extent that it could suppress the victim's resistance necessary for the establishment of the crime of rape or the crime of rape, and the defendant did not think of the recovery of the relationship with the victim and did not actually have any idea to spread the sexually related dynamic images or to spread the relationship.

Nevertheless, the judgment of the court below which found the defendant guilty of rape and similar rape is erroneous in the misapprehension of facts and legal principles.

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

3) It is unreasonable for the lower court to order the Defendant to disclose the Defendant’s personal information for a period of five years.

4) It is unreasonable for the lower court to order the Defendant to restrict employment for a period of 10 years against the juvenile-related institutions, etc.

B. It is unreasonable for the lower court to order the Defendant to attach an electronic tracking device for 15 years.

2. Determination

A. The part of the case against the defendant 1) The defendant, first of all, led to the confession of all the charges of this case including rape and similar rape in the court below, and consented to all the evidence submitted by the prosecutor as evidence.

Although the defendant denies rape and similar rape in the first instance trial, the confession in the court of the original instance of the defendant is made.

유사 판례

-서울고등법원 2016.05.17 2016노757

-대전고등법원 2018.05.18 2018노77

-서울고등법원 2018.04.05 2017노3475

-대구고등법원 2016.05.26 2016노16

-서울고등법원 2017.05.11 2016노4071