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(영문) 서울고등법원 2015.08.12 2015노1060
강제추행등
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not more than ten months.

For a two-year period of information on the accused.

Reasons

Summary of Grounds for Appeal

Defendant

In addition, the sentence imposed by the court below on the defendant (ten months of imprisonment) on the person subject to the request for attachment order (hereinafter referred to as the "defendant") is too unreasonable.

Notwithstanding the absence of the risk of recidivism or recidivism of sexual crimes, it is unfair that the court below ordered the defendant to attach an electronic tracking device for two years.

The sentence imposed by the prosecutor of the court below on the defendant is too uneasible and unfair.

The court below's improper order to attach an electronic tracking device to the defendant only for two years, but the period of attachment is too short.

It is examined ex officio prior to the judgment on the grounds for appeal by the defendant and the prosecutor.

The prosecutor stated that the defendant and his defense counsel did not have any objection to the application for the modification of a bill of indictment with respect to the withdrawal of the criminal facts No. 2 from the original trial among the facts charged in the case at the third trial date of the trial, and the subject of the trial was changed by this court's permission.

In addition, the lower court rendered a single sentence by treating the facts charged and the remainder of the facts charged as concurrent crimes under the former part of Article 37 of the Criminal Act. Therefore, the part of the lower judgment regarding the Defendant case should be reversed

Furthermore, where the part of the defendant's case is reversed, the part regarding the case regarding the attachment order to be tried and sentenced at the same time cannot be reversed.

Therefore, the judgment of the court below is reversed in accordance with Article 364 (2) of the Criminal Procedure Act and Article 35 of the Act on Probation and Electronic Monitoring, etc. of Specific Criminal Offenders without examining the grounds for appeal by both parties, and it is again decided as follows.

Criminal facts

(2) an attachment order;

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