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(영문) 서울고등법원 2013.07.12 2013노1674
건조물침입미수등
Text

Defendant

In addition, all appeals filed by the respondent for attachment order and the prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The Defendant and the person against whom the attachment order was requested (hereinafter “Defendant 1”), alleged a mistake of facts, only fit his or her husband and wife, and did not have the intent to commit an indecent act against the Defendant, the lower court found the Defendant guilty of this part of the charges by misunderstanding the facts and finding the Defendant guilty of this part of the charges, despite the absence of his or her intention to commit an indecent act. 2) The sentence (two years and six months of imprisonment, and four years of suspended execution) imposed by the lower court on the Defendant is too unreasonable.

3) Although the Defendant was under the low risk of recommitting sexual assault crimes, the lower court imposed an disclosure order and notification order on the Defendant. B. Prosecutor 1) The sentence imposed by the lower court on the Defendant claiming unreasonable sentencing is too uneasible and unreasonable.

2. The lower court dismissed the Defendant’s request to attach an attachment order, despite the Defendant’s wrongful assertion that the attachment order was dismissed, committed an alternative crime against the unborn child and the high risk of recidivism.

2. Determination

A. The Defendant also asserted the same purport as the reasons for appeal in the judgment of the court below as to the Defendant’s assertion of misunderstanding of facts, and the court below rejected the above assertion in detail with the Defendant’s and his defense counsel’s assertion in the judgment “judgment on the Defendant’s and defense counsel’s assertion.” If the judgment of the court below is closely compared with the evidential materials, it is acceptable

In addition, the defendant stated in the police that "I wish to think that kis kis without permission of another person's body is wrong, and I wish to kissk and kisk the victims." (Evidence No. 133 pages), and ② I think that L during the criminal process should speak to Skis.

Dozhode seeer son도요.

I, I, I, I, the defendant.

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