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(영문) 대전고등법원 2014.04.25 2014전노16
성폭력범죄의처벌및피해자보호등에관한법률위반(특수강도강간등)
Text

The judgment below

The appeal filed by the respondent and the prosecutor with respect to the part of the case of the attachment order shall be dismissed.

Reasons

1. Scope of the judgment of this court;

A. On May 2, 2013, the lower court: (a) recognized the facts charged by the prosecutor on May 2, 2013 and the facts constituting the reason for the attachment order; and (b) sentenced the person subject to the request for the attachment order to submit an electronic tracking device for two years and six months, five years, and five years, and sentenced the person subject to the request for the attachment order to submit an electronic tracking device; (c) filed an appeal against the lower judgment; and (d) reversed the lower judgment ex officio on July 17, 2013, on the ground that the lower court’s statutory period of attachment against the person subject to the request for the attachment order was ten years, and sentenced the person subject to the request for the attachment order to impose the matters to be observed, including the disclosure and notification of information for two years and six months, five years, and the attachment and compliance of

3. A person subject to a request for attachment order filed an appeal against the judgment of the court before the remanding. The Supreme Court, where both the person subject to a request for attachment order and the prosecutor appealed against the judgment of the court below, but the prosecutor fails to submit the grounds for appeal against the case subject to attachment order, the case where only the person subject to a request for attachment order filed an appeal is the same as the case where the person subject to the request for attachment order filed an application for attachment order, and thus, the judgment of the court prior to the remanding cannot be sentenced more severe punishment than the punishment of the court below in accordance with the principle of prohibition of disadvantageous alteration, and thus, reversed the part of the judgment

B. According to the grounds of appeal and reversal as to the instant case prior to the judgment, the part of the judgment below regarding the Defendant case was separately determined.

As such, the subject of this court's trial is limited to the claim for attachment order.

2. Summary of grounds for appeal;

A. The law to attach a location tracking device at the time when the person against whom the attachment order was requested, committed the instant crime.

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