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(영문) 대구고등법원 2015.05.07 2015노39
성폭력범죄의처벌등에관한특례법위반(13세미만미성년자강간등)등
Text

1. The part of the judgment of the court of first instance and the judgment of the court of second instance shall be reversed.

2. No. 1-A of the judgment of the first instance.

Reasons

1. Summary of grounds for appeal;

A. Defendant and the person to whom the attachment order was requested (hereinafter “Defendant”) No. 1-A of the lower judgment’s sentence No. 1-A of the first instance court.

Paragraphs 1, 1-

(b) 1, 2), 3, and 1-c;

Imprisonment for each crime described in paragraphs (1) and (2), 7 years, and 1 of the decision of the court below

B. 4), 5, 6, 7, and 3 are too unreasonable for each of the crimes described in paragraphs 4, 5, 6, 7, and 3 (6 years of imprisonment). (b) The second sentence of the lower court (3 million won of a fine) of the Prosecutor is too unhued and unfair.

2. Determination

A. Prior to the judgment of the court of first instance on the part of the judgment of the court of first instance and on the argument of unfair sentencing by the defendant and the prosecutor on the judgment of the court of second instance, the court of first instance rendered a judgment of conviction ex officio, and each of the court below rendered a separate examination on the defendant, and the defendant filed an appeal against the judgment of second instance

Accordingly, this Court decided to consolidate the above cases, and each of the judgment below against the defendant is in a concurrent relationship under the former part of Article 37 of the Criminal Act with each of the concurrent crimes under Article 38(1) of the Criminal Act, and a single sentence should be imposed within the scope of a limited term of punishment. Therefore, each of the judgment below is no longer maintained in this respect.

B. As stated in its reasoning, the first instance court’s determination on the part regarding the claim for attachment order among the judgment of the first instance court, judged that the Defendant is likely to repeat a crime and ordered the Defendant to attach an electronic tracking device for twenty (20) years, and the Defendant filed an appeal regarding the prosecuted case, and thus, it is deemed that the Defendant filed an appeal regarding the claim for attachment order pursuant to Article 9(8) of the Act on Probation and Electronic Monitoring

However, there is no legitimate reason for appeal concerning the petition of appeal or the statement of reasons for appeal submitted by the defendant, and the judgment of the first instance is examined ex officio.

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