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(영문) 광주고등법원 2019.07.04 2019노160
성폭력범죄의처벌등에관한특례법위반(장애인강간)등
Text

The judgment below

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

The punishment of the accused shall be five years of imprisonment.

(b) the defendant;

Reasons

1. The court below's scope of the judgment of this court is to render a judgment of conviction against a prosecuted case, dismiss a prosecutor's request regarding a request for attachment order, and ordered probation ex officio pursuant to Article 21-3 (2) of the Act on Probation and Electronic Monitoring, Etc. of Specific Criminal Offenders (hereinafter "Electronic Monitoring Act"), and only the Defendant filed an appeal. As such, the part regarding the request for attachment order is excluded from the scope of the judgment of this court, notwithstanding Article 9 (8) of the Electronic Monitoring Act, as there is no benefit of

On the other hand, in light of the fact that the probation order has the nature of a protective disposition against the defendant, that the probation order is imposed upon the request for probation order and that the court issues the probation order ex officio when dismissing the request for the attachment order, it is reasonable to equally deal with the method of appeal by the same treatment as that for the probation order at the probation office, and that the defendant has an opportunity to dispute substantially against the probation order at the court below, as long as the defendant filed an appeal against the accused case, it is deemed that the appeal against the probation order has been filed by applying Articles 21-8 and 9(8) of the Electronic Monitoring Act mutatis mutandis. Thus, the scope of the trial at this court

2. The summary of the grounds for appeal (five years of imprisonment) is too unreasonable, and it is also improper that the court below ordered the defendant to disclose or notify personal information for three years.

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

The main sentence of Article 59-3(1) of the Act on Welfare of Persons with Disabilities (Act No. 15904), effective June 12, 2019, is under Article 2(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes by the court.

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