logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울고등법원 2014.10.17 2014노2211
강간상해등
Text

The judgment below

The part of the case of the defendant is reversed.

A defendant shall be punished by imprisonment for seven years.

A certificate of seized franchise.

Reasons

1. Summary of grounds for appeal;

A. The lower court sentenced the Defendant and the respondent for the attachment order (hereinafter referred to as the “Defendant”) on the grounds that the sentence (seven years of imprisonment) was too unreasonable, and provided for the instant criminal act.

It is unfair to order the forfeiture of motor vehicles, etc. to give excessive disadvantage to the defendant.

B. Unfair assertion of the period of disclosure and notification order is unfair because the court below's 10-year disclosure and notification order against the defendant is too long.

C. Illegal assertion of the period of attachment order is unfair because the period of attachment order issued by the court below for 12 years to the defendant is too long.

2. Articles 47(1) and 49(1)2 and 50(1)2 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes on the Protection of Children and Juveniles against Sexual Abuse, which apply mutatis mutandis under Articles 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes as to the part of the Defendant’s case, provide that an order to disclose and notify “a person who commits a crime under any provision of Articles 2(1)3 and 4, 2(2) (limited to subparagraphs 3 and 4 of paragraph (1)), and 3 through 15 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, shall be issued to “a person who commits a crime under any provision of Articles 2(1)3 and 3 through

However, the court below also ordered the disclosure order and notification order concerning the crime of confinement and the crime of violation of the Road Traffic Act among the crimes of this case. The court below erred by misapprehending the legal principles on the disclosure order and notification requirement under the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes and the Act on the Protection of Children and Juveniles against Sexual Abuse, which affected the conclusion of the judgment. Ultimately, the part of the court below's order to disclose and notify the crime of confinement and the crime of violation of the Road Traffic Act among the crimes of this case cannot be reversed.

Furthermore, the above disclosure order and the order.

arrow