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(영문) 대구고등법원 2017.05.08 2017노85
도로교통법위반(음주운전)등
Text

1. The part of the judgment below on the defendant is reversed.

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

(b) the defendant;

Reasons

The summary of the grounds for appeal in the part of the case against the defendant and the person who requested an attachment order (hereinafter "defendant") (hereinafter "the defendant"), in light of the various sentencing conditions in this case, the punishment imposed by the court below (the imprisonment of five years, completion of sexual assault treatment programs for 120 hours, disclosure of information for five years, and order of notification) is too unreasonable and unfair (the defendant, as the grounds for appeal, stated that the defendant went to the victim to resist because he was asked for a defect that was expressed to the victim, but was rejected, and the victim did not intentionally commit the crime of this case due to an indecent act. However, the defendant's assertion that the defendant withdrawn the above argument to the effect that the mistake of facts at the first trial date of the trial at the trial at the trial of the first instance, and only dispute only on the grounds of appeal cannot be legitimate grounds for appeal, and even after examining ex officio the above mistake by the court below, there is an error of law as to the facts alleged by the defendant, as alleged in the judgment below.

No. 3) In light of the various sentencing conditions in the instant case by the Prosecutor, the sentence imposed by the lower court is too uneasible and unfair.

In light of the criminal record of a criminal defendant for whom a request for attachment order is filed (public prosecutor) and the details and methods of the instant crime, the criminal defendant is likely to recommit a sexual crime.

Nevertheless, the judgment of the court below which dismissed the defendant's request for an attachment order, is erroneous in the misapprehension of legal principles as to the risk of recidivism, which affected the judgment.

Judgment

Examining the various sentencing conditions of this case in the part of the case against the defendant (the defendant and the prosecutor's wrongful assertion of sentencing), each of the crimes of this case was committed by the defendant intentionally followed the victim, but an indecent act was committed against the victim's resistance, thereby causing bodily injury to the victim, and the victim's cell phone to report it to the police.

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