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(영문) 서울고등법원 2020.04.03 2019노1791
성폭력범죄의처벌등에관한특례법위반(13세미만미성년자강제추행)등
Text

In the part of the judgment of the court below concerning the crime No. 2 in the judgment of the court below, two years and six months, order to complete the program.

Reasons

1. The court below did not clearly state whether the defendant's portion of the defendant's case was sentenced to the crimes No. 1 of the judgment, and the crimes No. 2 of the judgment as to the crimes No. 1 of the judgment, which were sentenced to imprisonment with prison labor for 2 years and 2 years and 6 months, and the sentence of imprisonment with prison labor for 2 years and 2 years and 2 years and 2 years and 1 years and 1 years and 2 years and 2 years and

In the event that two sexual crimes are to be sentenced without being subject to aggravated concurrent crimes under the former part of Article 37 of the Criminal Act, a separate disclosure and notification order and an employment restriction order shall be issued for each crime, and considering the two crimes together, a single disclosure and notification order and an employment restriction order shall not be imposed after adding the period of disclosure and notification and the period of employment restriction. Thus, the court below's disclosure and notification order and the employment restriction order shall be deemed to have been sentenced to any of the crimes of Article 1 and Article 2 of the judgment.

However, considering the fact that the crime No. 1 and the crime No. 2 in the holding seems to be more severe than the crime No. 2 in the holding, and that if the order of employment restriction is deemed to have been issued with respect to the crime No. 1 in the holding, the part of the above employment restriction order is executed during the convict period due to the crime No. 2 in the holding (However, in the case of the order of disclosure or notification, and where all the crimes No. 2 in the holding are sentenced to the crime No. 1 in the judgment and the sentence is the same as the end of the punishment period of the crime No. 2 in the judgment at the time of the commencement of enforcement, the court below sentenced the order of disclosure or notification and the order of employment restriction as stated in the holding, and the crime No.

With respect to the part of the request for attachment order, the attachment of an electronic tracking device (hereinafter referred to as "electronic device") shall be ordered for six years.

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