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(영문) 서울고등법원 2020.08.25 2019노1965
준강제추행등
Text

All the judgment of the court below is reversed.

A defendant shall be punished by imprisonment for a term of one year and three months.

child or juvenile.

Reasons

1. Summary of grounds for appeal;

A. Summary of the Prosecutor’s appeal against the first instance judgment (one year of imprisonment and two years of suspended execution) is too unfasible and unreasonable.

② It is reasonable to view that the defendant and the applicant for medical treatment and custody (hereinafter referred to as "defendant") are in danger of reoffending, and the first judgment dismissing the defendant's request for medical treatment and custody is unreasonable

B. After the consolidation of the appeal case against the accused accused case at the first instance judgment and the appeal case at the second instance judgment against the accused case at the second instance court, the accused stated that “the defendant would be subject to disposition according to the law,” and thereafter, the accused’s defense counsel submitted the grounds of appeal containing the above contents.

The defendant's assertion shall be judged together in accordance with the legitimate legal provisions and legal principles regardless of whether it was submitted within the submission deadline.

(1) At the time, the Defendant was in unsound condition.

(2) The punishment of the original judgment of the second instance shall be too unreasonable.

2. Determination

A. 1 Ex officio determination) The court of the first instance decided to concurrently examine the appeal case against the accused case of the first instance judgment and the appellate case against the second instance judgment. Since each of the offenses against the accused case of the second instance judgment is in a concurrent relationship under the former part of Article 37 of the Criminal Act, one sentence shall be rendered pursuant to Article 38(1) of the Criminal Act. In this respect, the accused case of the first2 judgment cannot be maintained. In this regard, the judgment of the court of the first instance on the medical treatment and custody claim need to be rendered concurrently with the judgment of the accused case (Article 12(2) of the Medical Treatment and Custody Act ("Medical Treatment and Custody Act"), so long as the judgment of the court of the second instance is reversed, the part on

3. However, among the judgment of the second court, the prosecutor's assertion on the medical treatment and custody claim among the judgment of the first instance as to the accused accused case is still the first instance court.

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