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(영문) 대전고등법원 2016.11.24 2016전노25
부착명령
Text

The part of the judgment of the court below regarding the case of attachment order shall be reversed.

The request for the attachment order of this case is dismissed.

Reasons

1. Scope of the judgment of this court;

A. On March 11, 2015, the lower court rendered a judgment convicting the person subject to a request for attachment order of all the charges regarding the person subject to the request for attachment order, which ordered the person subject to the request for attachment order to complete a sexual assault treatment program for 40 hours, and dismissed the prosecutor’s request regarding the part regarding the request for attachment order. 2) On April 29, 2015, the lower court rendered a judgment convicting the person subject to the request for attachment order of the charges regarding the person subject to the request for attachment order of ten months and the completion of a sexual assault treatment program for 40 hours.

On August 12, 2015, the lower court convicted the person for whom the attachment order was requested, and sentenced the person for whom the attachment order was requested to be sentenced to imprisonment for ten months.

3) On the grounds of unfair sentencing in the part of the judgment of the court of first instance concerning the Defendant case and the dismissal of the part concerning the request for attachment order among the judgment of the court of first instance, the prosecutor filed an appeal against the judgment of the court of first instance on the grounds of mistake of facts, misunderstanding of legal principles, and unreasonable sentencing, respectively, on the grounds of the judgment of the court of first instance, and the judgment of the court of second and third instances on the grounds of unfair sentencing. 4) On the grounds of appeal against the judgment of the court of second and third instances on February 5, 2016, the court of first instance reversed both the judgment of first, second and third as to the part of the Defendant case and the judgment of the court of second and third instances on the grounds of the judgment of the court of first instance, the prosecutor acquitted the person subject to the request for attachment order on the grounds of violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (Rape of the disabled) among the facts charged, and dismissed the prosecutor’s request for attachment order (the court of second and third cases on the grounds

5. Regarding the judgment of the court prior to remand, the public prosecutor is the defendant's case in the judgment prior to remand.

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