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(영문) 대전고등법원 2019.03.22 2018노544
성폭력범죄의처벌등에관한특례법위반(강간등상해)등
Text

All appeals by the prosecutor and the defendant are dismissed.

Reasons

1. Summary of grounds for appeal;

A. A. A prosecutor 1) misunderstanding of facts or misunderstanding of legal principles not only had an intentional rape but also had an injury to the victim during the course of assault, which is a means of rape, so the crime of rape injury is established. Nevertheless, the lower court acquitted the Defendant on this part of the charges, which erred by misapprehending the facts or by misapprehending the legal principles. 2) The lower court’s punishment of an unreasonable sentencing (three years and six months of imprisonment) is too unreasonable.

3) In regard to a request for an attachment order, the Defendant is deemed to have a habit of committing a sexual crime on two or more occasions, and the lower court dismissed the Defendant’s request for an attachment order of an electronic tracking device despite the risk of repeating a sexual crime, thereby dismissing the request for an attachment order of an electronic tracking device. (b) Whether the Defendant was faced with the victim and contacted the victim’s body, does not constitute indecent act, but the victim was not in a difficult condition at the time of physical contact. (b) At the time of committing the crime on July 22, 2018.

2. The sentence of the lower court on unreasonable sentencing is excessively unreasonable.

2. Determination

A. The lower court rendered a judgment on the prosecutor’s assertion of mistake of facts or misapprehension of the legal doctrine, on the grounds as stated in its reasoning, on the ground that: (a) there was no intention to rape on the part of the Defendant; and (b) the injury was caused by the act of assault or indecent act committed as a means of indecent act; and (c) not guilty of the grounds for

The following facts revealed through the evidence duly admitted and investigated by the court below, ① the injury of the victim was incurred in the course of the defendant to catch the victim at the beginning of the crime of this case and to put him into the house, and ② thereafter, the victim was injured as seen above by the defendant's indecent act.

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