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(영문) 대전고등법원 2014.05.23 2014노86

성폭력범죄의처벌등에관한특례법위반(주거침입강간등)등

Text

The judgment below

The part of the defendant's case shall be reversed.

A defendant shall be punished by imprisonment for seven years.

. Information on the Defendant.

Reasons

1. Summary of grounds for appeal;

A. The lower court’s sentencing (one year of imprisonment) is too unreasonable for the Defendant and the person requesting the probation order (hereinafter “Defendant”).

B. The lower court’s sentencing is too uneasible and unreasonable.

2. When the defendant and the prosecutor have lodged an appeal against the prosecuted case, it is deemed that they have filed an appeal against the probation order case pursuant to Articles 21-8 and 9(8) of the Act on the Probation and Electronic Monitoring, etc. of Specific Criminal Offenders. However, the grounds for appeal by the defendant and the prosecutor or for appeal by the defendant or the prosecutor are not stated in the grounds for appeal or in a petition of appeal, and

Defendant

In addition, prior to the prosecutor's decision on the grounds for appeal of unfair sentencing, this paper examines ex officio.

In the first instance trial, the prosecutor applied for the amendment of the Act on the Aggravated Punishment, etc. of Specific Crimes to add some of the facts charged in relation to the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes, and this Court permitted it, and the remaining facts charged should be sentenced to a single sentence in relation to concurrent crimes under the former part of Article 37 of the Criminal Act. In this regard, the part of the judgment of the court below

3. In conclusion, without examining the grounds for appeal of unfair sentencing by the defendant and prosecutor, the part of the judgment of the court below regarding the defendant's case is reversed under Article 364 (2) and (6) of the Criminal Procedure Act, and the defendant and prosecutor's appeal regarding the part of the probation order order case are again dismissed under Article 35 of the Act on Probation and Electronic Monitoring, etc. of Specific Criminal Offenders and Article 364 (4) of the Criminal Procedure Act, since there are no grounds for appeal by the defendant and prosecutor

Criminal facts

"Defendant" in paragraph (2) of the Act on the Aggravated Punishment, etc. of Specific Crimes as stated in the judgment of the court below.