logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 부산고등법원 (창원) 2017.01.18 2016노351
강간등
Text

The defendant's appeal is dismissed.

Reasons

1. The lower court rendered a judgment that dismissed the prosecutor’s request regarding the Defendant’s case and the case regarding the request for attachment order.

As to this, there was no benefit in the appeal regarding the case of the request for attachment order, notwithstanding Article 9 (8) of the Act on the Protection and Observation of Specific Criminal Offenders and the Electronic Monitoring, etc., the request for attachment order among the judgment of the court below is excluded from the scope of the trial of this court, and only the case of the defendant falls under the scope of the trial of this court.

2. The summary of the grounds for appeal clearly withdrawn the mistake of facts, misunderstanding of the legal principles, and the assertion of mental and physical weakness on the three-time trial date.

The punishment sentenced by the court below against the defendant (4 years of imprisonment, 80 hours of order, 5 years of disclosure of disclosed information) is too unreasonable.

3. The judgment of the court below is that each of the crimes of this case committed by the defendant, as if the defendant had had an interview for employment, had the victim induced, and caused the victim to lose the mind by drinking a stroke m, which is a local mental medicine, on two occasions, and raped the victim, and did not return the victim's mbs to his own idea, and it seems that the crime is very poor in its nature and method of crime, and the defendant colored the object of the crime, such as collecting the curriculum of various women including the victim, etc., and the victim was likely to have suffered a great mental or physical shock and sense of sexual shame, and the defendant committed the crime of rape of this case on May 14, 2014 at the Busan High Court of Busan, "the defendant was sentenced to imprisonment with prison labor for one year and eight years, and attempted to commit an indecent act or indecent act against the victim," and the defendant did not commit the crime of this case during the execution period of each of the above punishment.

arrow