logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대전고등법원 (청주) 2018.11.29 2018노108
성폭력범죄의처벌등에관한특례법위반(주거침입강제추행)등
Text

The judgment below

The part of the case of the defendant is reversed.

A defendant shall be punished by imprisonment for not less than two years and six months.

except that this judgment.

Reasons

1. Summary of grounds for appeal;

A. The Defendant and the respondent for an attachment order (the Defendant’s instant case) are aware of the fact that the Defendant and the respondent for an attachment order (related to each residential intrusion and forced intrusion into residence in 2018 Gohap 52 of the lower judgment) and the respondent for an attachment order (hereinafter “Defendant”) are understood to be “the Hunting Defendant,” a female student, as “a series of acts in which he talks to conduct a ice and receives contact information after obtaining the other party’s identification.”

was stated.

It is merely an entry into an apartment for the purpose of doing so, not an intrusion on an apartment with a view to painting the subject of an indecent act.

Nevertheless, the court below found the defendant guilty of this part of the facts charged, and the court below erred by misunderstanding facts and affecting the conclusion of the judgment.

2) The sentence sentenced by the lower court (two years and six months of imprisonment and three years of suspended execution) is too unreasonable.

B. Prosecutor 1) The sentence imposed by the lower court on the Defendant case (unfair sentencing) is too uneasible and unfair.

2) The court below dismissed the defendant's request for the attachment order of this case where the risk of recidivism was sufficiently recognized in light of the period, frequency, etc. of the crime in this case. The court below erred by misunderstanding the risk of recidivism and thereby affecting the conclusion of the judgment.

2. Judgment on the grounds for appeal by the accused and the prosecutor ex officio is examined earlier.

Article 56 (1) of the Act on the Protection of Children and Juveniles from Sexual Abuse (amended by Act No. 15352, Jan. 16, 2018; Article 56 (1) and (2) of the Act on the Protection of Children and Juveniles from Sexual Abuse (amended by Act No. 15352, Jan. 16, 2018; Article 56 (1) and (2) of the Act on the Protection of Children and Juveniles from Sexual Abuse (hereinafter referred to as "Act on the Protection of Juveniles from Sexual Abuse") on a person sentenced to punishment for a sex offense against a child,

arrow