(영문) 서울고등법원 2013.03.14 2012노4346 | 리걸엔진

beta

본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.

Text

Reasons

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 서울고등법원 2013.03.14 2012노4346

성폭력범죄의처벌등에관한특례법위반(13세미만미성년자강제추행)등

Text

Defendant

In addition, all appeals filed by the respondent for attachment order and the prosecutor are dismissed.

Reasons

1. As to the summary of the grounds for appeal (a two-year imprisonment) by the lower court, the Defendant and the person against whom the attachment order was requested (hereinafter the Defendant; hereinafter the same), argue that the prosecutor is too uneasible and unreasonable.

2. Determination:

A. The part of the defendant's case (e.g., that the defendant is older than 70 years old, that the defendant recognized the crime of this case and reflects the defendant's depth. However, on the other hand, the crime of this case is very poor that the defendant's working as an apartment security guard, who is the child of apartment residents using his status, met his sexual desire, and that the crime of this case is committed several times, the victim and his family members want to strong punishment against the defendant, and no measures were taken to recover any damage up to the trial. The defendant committed the crime of this case again within a short period of time while he was sentenced to suspension of indictment on the same kind of crime at the same place for one year, and considering various sentencing conditions such as the defendant's age, character and behavior, environment, motive and circumstance of the crime, the means and consequence of the crime, the means and result of the crime, etc. after the crime, the defendant's assertion that the court below's punishment against the defendant is unreasonable or unreasonable is all unreasonable.

B. As long as the Defendant and the prosecutor filed an appeal against each of the prosecuted cases, it is deemed that they filed an appeal against the attachment order case pursuant to Article 9(8) of the Act on the Electronic Monitoring, etc. of Specific Criminal Offenders. However, there is no statement in the grounds for appeal or appeal filed by the Defendant and the defense counsel and the prosecutor, nor there is no ground for reversal ex officio as to this part.

3. Conclusion

참조조문

-특정 범죄자에 대한 위치추적 전자장치 부착 등에 관한 법률 제9조 제8항

유사 판례

-부산고등법원 (창원) 2013.02.01 2012노339

-대전고등법원 2014.04.18 2014노67

-대전고등법원 2015.01.09 2014노511

-대전고등법원 2015.01.23 2014노538

-부산고등법원 2016.10.20 2016노558