성폭력범죄의처벌및피해자보호등에관한법률위반(강간등상해)등
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for five years.
The information on the accused shall be disclosed for a period of ten years.
1. Summary of grounds for appeal;
A. Defendant and the respondent for attachment order 1) The part of the Defendant’s case (e.g., a solarly unfair) is the Defendant and the respondent for attachment order (hereinafter “Defendant”).
(ii) the lower court ordering the Defendant to attach an electronic tracking device for a period of 15 years, in the part of the attachment order case, is unreasonable, because the sentence imposed upon the Defendant (five years of imprisonment) is too unreasonable.
B. The sentence imposed by the lower court on the Defendant is too uneasible and unfair.
2. Determination
A. Prior to the judgment on this part of the judgment on the grounds of appeal on this part of the judgment on this ground of appeal, the part of the judgment on the Defendant’s case was ex officio and the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes was amended by Act No. 11556, Dec. 18, 2012; and was in force on June 19, 2013, and the above amended Act was applied to personal information registration. Therefore, the part on the Defendant’s case in the judgment below was no longer maintained
B. B. Prior to the judgment on this part of the grounds for appeal regarding this part of the case of the attachment order, the prosecutor examined ex officio prior to the judgment on the grounds for appeal, and in the trial of the trial, the prosecutor changed the phrase “the defendant’s risk of recidivism is evaluated as “high or intermediate” level, and thus, the criminal defendant has the possibility of recommitting a sexual crime, since he/she committed a sexual crime on at least two occasions.” The defendant applied for permission to change the phrase “ Subparagraph 1” in the applicable provisions of the attachment order to delete “the sex crime,” and the part of the case of the attachment order in the judgment below was no longer maintained.
3. Accordingly, the court below's decision is reversed in accordance with Article 364 (2) of the Criminal Procedure Act and Article 35 of the Act on Probation and Electronic Monitoring, etc. of Specific Criminal Offenders, and it is again made after pleading.