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(영문) 대구고등법원 2019.06.26 2019노173

강제추행상해등

Text

1. The part of the judgment below regarding the defendant's case shall be reversed.

2. The defendant and the person for whom the attachment order is requested shall be punished by imprisonment for three years.

Reasons

1. The court below’s punishment (three years of imprisonment) against the accused and the person against whom the attachment order is requested (hereinafter “defendant”) as to the summary of the grounds for appeal is too unreasonable.

2. Determination

A. We examine the defendant's ground for appeal on the part of the defendant's case ex officio prior to the judgment.

Article 59-3 of the Act on Welfare of Persons with Disabilities was amended by Act No. 15904, Dec. 11, 2018; Article 59-1 and (2) of the Act on Welfare of Persons with Disabilities (amended by Act No. 15904, Dec. 1, 2018; Article 59-3 of the Act on Welfare of Persons with Disabilities (hereinafter referred to as "Act on Welfare of Persons with Disabilities") provides that the period of restriction on employment on welfare facilities for persons with disabilities shall be differentiated for each of the defendants in consideration of the seriousness of each crime, the risk of recidivism, etc.; Article 2 of the Addenda of the Act on Welfare of Persons with Disabilities (hereinafter referred to as "amended Act") provides that the above amended Act shall apply to persons who have committed sex offenses before June 12, 2019

B. As long as the defendant filed an appeal against the part of the judgment below regarding the defendant's case, it is deemed that the part of the case for which the request for attachment order is filed has also been filed under Article 9 (8) of the Act on the Probation and Electronic Monitoring, etc. of Specific Criminal Offenders.

However, there is no reason to reverse the judgment of the court below ex officio even though the defendant did not submit legitimate grounds for appeal as to this part.

3. Accordingly, the judgment of the court below on the ground of ex officio reversal as seen above. Thus, the part concerning the defendant's case among the judgment below under Article 364 (2) of the Criminal Procedure Act shall be reversed without examining the defendant's assertion of unfair sentencing regarding the defendant's case, and the following decision shall be rendered after oral pleadings. The part concerning the request for attachment