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(영문) 대전고등법원 (청주) 2014.11.13 2014노144
성폭력범죄의처벌등에관한특례법위반(장애인강제추행)등
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for two years.

Sexual assault against the defendant for 80 hours.

Reasons

1. The summary of the grounds for appeal (e.g., imprisonment with prison labor for not less than two years, for not more than 80 hours, for completion of sexual assault treatment programs, for not more than five years, for disclosure notification orders, for an electronic device attachment order five years) is too unreasonable.

2. Prior to the judgment on the grounds for appeal by the Defendant and the person to whom the attachment order was requested (hereinafter “Defendant”), the Prosecutor examined ex officio prior to the judgment on the grounds for appeal by the Defendant and the person to whom the attachment order was requested (hereinafter “Defendant”), and the Defendant appears to have included the crime No. 2 (b) of the instant facts charged (the facts constituting the cause for requesting the attachment order) in the instant facts charged on March 13, 2014, and decided that the Defendant would detect the Victim F (F, 26 years old), and commit an indecent act against the Defendant at around 10 minutes prior to the judgment on the grounds of appeal by the Defendant and the person to whom the attachment order was requested (hereinafter “Defendant”), and then, the Defendant’s amendment of the Act on Special Cases Concerning the Punishment of Persons with Disabilities to the Act on Special Cases Concerning the Punishment of Sexual Crimes (hereinafter “the Act on Special Cases Concerning the Punishment of Persons with Disabilities”) was no longer applicable to the Defendant’s amendment to the Act on Special Cases Concerning the Punishment of Persons with Disabilities.

3. If so, the judgment of the court below is reversed in accordance with Article 364(2) of the Criminal Procedure Act and Article 35 of the Act on Probation and Electronic Monitoring, etc. of Specific Criminal Offenders without examining the defendant's assertion of unfair sentencing, and the judgment of the court below is reversed, and it is again decided as follows after pleading.

Criminal facts, the facts constituting the offense, the cause of the attachment order, and the summary of the evidence, which are recognized by the court, and the facts constituting the cause of the attachment order and the summary of the evidence, in the judgment below.

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