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(영문) 서울고등법원 2017.01.20 2016노2247
강제추행
Text

All judgment of the court below shall be reversed.

A defendant shall be punished by imprisonment for not less than three years and six months.

personal information against the defendant.

Reasons

1. Summary of grounds for appeal;

A. As to Defendant 1’s portion of the instant case and misunderstanding of legal principles 2016 high 144 cases, the Defendant and the person who requested the attachment order (hereinafter “Defendant”) did not commit an indecent act as indicated in the facts constituting an offense in the lower judgment.

2) At the time of each of the instant crimes, the Defendant had mental and physical weakness due to mental illness, such as depression, etc.

3) The sentence of the lower court’s improper sentencing is too unreasonable.

4) There are special circumstances to exempt the Defendant from disclosure disclosure disclosure disclosure order.

B. The part of the case for which the attachment order is requested (unfair attachment order) does not pose a risk of recommitting a sexual crime against the defendant.

2. Examination ex officio (Joint Examination) prior to the judgment on the grounds for appeal.

The judgment of the court of first instance and the judgment of the court of second instance rendered each judgment, and the defendant filed each appeal against them, and this court decided to hold a joint hearing of the above two appeals cases.

However, the judgment of the court of first instance and the judgment of the court of second instance in the judgment of the court of second instance are concurrent crimes under the former part of Article 37 of the Criminal Act, and thus, one punishment should be imposed pursuant to Article 38(1) of the Criminal Act. As such, the judgment of the court of first instance and the judgment of the court of second instance cannot be maintained

However, even if there are such reasons for ex officio reversal, the defendant's misunderstanding of facts, misunderstanding of legal principles, mental and physical weakness, and improper assertion of disclosure notification order is still subject to the judgment of this court.

3. Judgment on the grounds for appeal by the defendant

A. The lower court determined as to the Defendant’s instant case (A) based on the misunderstanding of the facts and misapprehension of the legal doctrine, the lower court: (a) based on the description of the police investigation report (related to the suspect’s criminal tracking system) and the images of photographs taken from CCTV, the Defendant was taken on November 19, 2015, when Nonindicted 10:24 of subway No. 24, and the victim M& (hereinafter in this paragraph “victim”) was taken on the same day, and around 10:28 of the same day.

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