(영문) 대구고등법원 2015.12.24 2014노574 | 리걸엔진

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Reasons

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 대구고등법원 2015.12.24 2014노574

준강간등

Text

1. The part of the judgment of the court of first instance against the defendant and the judgment of the court of second instance are reversed.

2. The defendant shall be punished by imprisonment.

Reasons

1. Summary of grounds for appeal;

A. Prosecutor 1) Part 1 and 2 of the Defendant case are the Defendant and the person to whom the attachment order was requested by the lower court (hereinafter “Defendant”).

Each sentence (the first instance court: 3 years of imprisonment, 5 years of suspended execution, 2 years and 6 months of imprisonment) sentenced to the court below is deemed unfair. 2) The second instance court’s dismissal of the defendant’s request for attachment order against the defendant even though the defendant was likely to recommit a sexual crime, is unlawful.

B. Defendant 2’s sentence imposed by the lower court is too unreasonable.

2. The judgment of the court below regarding the defendant ex officio is sentenced to Articles 1 and 2, and the defendant filed an appeal against the judgment of the court below of the court below. The prosecutor filed an appeal against the judgment of the court of the court below regarding the first and second cases, and the prosecutor requested a location tracking device attachment order based on the facts constituting the crime of the judgment of the court of the court of the first instance. This court decided to concurrently examine the case of appeal against the judgment of the court of the court of the first and the case of the above attachment order. Each of the above judgments of the court below against the defendant shall be sentenced to one punishment pursuant to Article 38(1) of the Criminal Act in relation to concurrent crimes under the former part of Article 37 of the Criminal Act. Since each of the above offenses against the defendant is concurrent crimes under the former part of Article 37 of the Criminal Act, the judgment of the court of the court of first and the judgment

3. As such, the first and second judgment of the court below is reversed in accordance with Article 364(2) of the Criminal Procedure Act, and the second judgment of the court below is reversed, and the second judgment of the court below is reversed, and it is again decided as follows.

【The grounds for the final judgment】 Criminal facts and the defendant's case as to the attachment order.

참조조문

-형법 제38조 제1항

-형사소송법 제364조 제2항

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