아동ㆍ청소년의성보호에관한법률위반(강간등)
The defendant's appeal is dismissed.
The judgment below
The term "order" means sexual assault therapy against the defendant.
1. Scope of adjudication;
A. An appeal is an appeal against a final and conclusive judgment on the premise that one’s own interest has been infringed, and the defendant cannot make an appeal disadvantageous to himself.
Therefore, even though Article 9(8) of the Act on the Electronic Monitoring, etc. of Specific Criminal Offenders provides that where an appeal, waiver or withdrawal of an appeal against the judgment of the accused case, the judgment of the attachment order case shall also be deemed to have been appealed, waiver or withdrawal of an appeal, and the judgment of the attachment order case shall also be deemed to have been made. However, this is applicable to the case of attachment order which is the benefit of an appeal, i.e., the case of attachment order to be applied when there is a benefit of an appeal, and the defendant cannot appeal against the case of attachment order to himself/herself, even if the defendant appealed against the case of conviction
(See Supreme Court Decision 82Do2476 delivered on December 14, 1982). B.
In accordance with these legal principles, this case is examined.
As to a prosecuted case, the lower court sentenced a judgment dismissing the prosecutor’s request regarding the case of conviction and the case of claiming an attachment order, the Defendant appealed only, and thus, there is no benefit of appeal regarding the part of the attachment order
Therefore, this part shall be excluded from the scope of adjudication of party members, notwithstanding the provisions of Article 9 (8) of the Act on the Electronic Monitoring, etc. of Location Monitoring System.
In the end, the scope of a party member's trial is limited to the defendant case.
2. The decision of the court below (one year of imprisonment) is too unreasonable in its summary of the grounds for appeal.
3. The Defendant was in the first instance, and all of the instant crimes are recognized.
It is difficult to view that the extent of the instant indecent act is serious.
Considering these points, there is no room for considering the circumstances.