(영문) 서울고등법원 (춘천) 2020.04.08 2019노208

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(영문) 서울고등법원 (춘천) 2020.04.08 2019노208

유사강간등

Text

The judgment below

The part of the request for attachment order shall be reversed.

The person against whom the attachment order is requested shall track the location for 20 years.

Reasons

1. Summary of grounds for appeal;

A. The lower court’s sentence of the Defendant case (one year of imprisonment, ten years of public notice, and ten years of employment restriction) is too heavy (the Defendant and the person subject to a request to attach an attachment order; hereinafter “Defendant”) or is deemed unreasonable (the prosecutor).

B. The lower court ordering the Defendant to attach an electronic tracking device for five years is too short of the period of attachment (the Defendant) or too short of the period of attachment (the Prosecutor).

2. Determination

A. In full view of the favorable circumstances, such as the fact that the Defendant partly admitted the Defendant’s mistake, the instant crime committed several times in a correctional institution while the Defendant was sentenced to imprisonment with prison labor for another crime, and the nature of the crime is very bad, and the Defendant has already been sentenced to imprisonment with prison labor for various crimes, including sexual crimes, and other factors of sentencing as indicated in the pleadings of the instant case, such as the Defendant’s age, character and behavior, environment, motive, means and consequence of the crime, and circumstances after the crime, etc., the sentence imposed by the lower court as to the Defendant is adequate, too heavy or less.

B. In light of the fact that the Defendant was sentenced to imprisonment for the crime of indecent act by force in around 2006 and around 2012, and committed several sexual crimes against two victims, the lower court recognized that the risk of recidivism of sexual crimes and the attachment of an electronic tracking device was the same for five years.

In light of the above circumstances that can be recognized by the evidence duly adopted and investigated by the court below, the court below's determination that recognized the defendant's sexual assault habit and the risk of recidivism and ordered the defendant to attach an electronic tracking device is justifiable.

However, there have already been many defendants.

유사 판례

-서울고등법원 2015.10.30 2015노2376

-서울고등법원 2019.02.12 2018노3061 (1)

-서울고등법원 2020.03.12 2019노2670

-광주고등법원 2009. 2. 12. 선고 2009노2,2009전노1(병합) 판결

-서울고등법원 2016.12.16 2016노2790