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(영문) 서울고등법원 2019.10.31 2019노1316
강간상해등
Text

The judgment below

The part of the defendant's case and the attachment order case shall be reversed.

Defendant shall be punished by imprisonment for a period of five and a half years.

Reasons

1. Summary of grounds for appeal;

A. The lower court’s rejection of the allegation of mental disability is unlawful, even though the Defendant and the person against whom the attachment order was requested, and the person against whom the probation order was requested (hereinafter “defendant”) suffered from alcohol dependence at the time of the instant crime, and the Defendant was under the weak state of the ability to discern things or make decisions under the influence of alcohol, and even though they were under the influence of alcohol, the lower court’s rejection of the allegation of mental disability is unreasonable.

3) Although there are special circumstances under which the court below should not disclose and notify the personal information of the criminal defendant in violation of the disclosure notification order, it is improper to order the court below to disclose and notify the criminal defendant's information for 10 years. 4) It is improper for the court below to order the defendant to be placed on employment for 5 years against the child and

5 It is unreasonable that the court below ordered the defendant to attach an electronic tracking device for 15 years, although there is no risk of recidivism of sexual crime against the defendant who was improper in issuing an attachment order.

B. The lower court’s sentencing is too uncomfortable.

2. Determination

A. We examine ex officio prior to the judgment on the grounds for appeal by the defendant and the prosecutor.

Article 59-3(1) of the Act on Welfare of Persons with Disabilities (amended by Act No. 15904, Dec. 11, 2018) stipulates that a person who was finally determined as having been sentenced to a sexual crime under Article 2(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes or a sex offense against children or juveniles under Article 2 subparag. 2 of the Act on the Protection of Children and Juveniles against Sexual Abuse (hereinafter referred to as “sexual crime”) shall not operate welfare facilities or provide employment or actual labor to welfare facilities for persons with disabilities, and uniformly stipulates that a person shall not be able to provide operation, employment or actual labor (hereinafter referred to as “employment restriction period”) for ten years.

However, the above laws.

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