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(영문) 대전고등법원 (청주) 2019.07.04 2019노7
강간상해등
Text

All judgment of the court below shall be reversed.

A defendant shall be punished by imprisonment for seven years.

For a period of 10 years, the information on the accused is disclosed.

Reasons

1. Summary of grounds for appeal;

A. Defendant A) The Defendant was in a state of lacking the ability to discern things or make decisions by drinking alcohol at the time of committing each of the crimes stated in the judgment of the court of first instance.

B) Each sentence of unfair sentencing (the first instance judgment: imprisonment with prison labor for 7 years, disclosure and notification for 10 years, restriction on employment for 10 years, and imprisonment with prison labor for 2 months) is too unreasonable and unfair. 2) Each sentence of the lower court on the prosecutor (an unjust method) is too unreasonable and unfair.

B. The judgment of the court below which ordered the attachment of an electronic tracking device to the defendant without any risk of recommitting a sexual crime is erroneous in the misapprehension of legal principles as to the attachment order.

2. Determination

A. Determination 1 ex officio) After the judgment of the court below was rendered against the defendant, the defendant filed an appeal against the above judgment on the grounds of unfair sentencing, and this court decided to concurrently examine the above cases. However, each crime of the judgment of the court below is a concurrent crime under the former part of Article 37 of the Criminal Act, and thus, the court below has to render a single sentence against the defendant pursuant to Article 38(1) of the Criminal Act. Therefore, the judgment of the court below cannot be maintained at this point. (2) The main sentence of Article 59-3(1) of the Act on Welfare of Persons with Disabilities (amended by Act No. 15904, Dec. 11, 2018 and enforced June 12, 2019) provides for a "sexual crime" (referring to a sex crime under Article 2(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes or a sex crime subject to children and juveniles under Article 2 subparagraph 2 of the Act on the Protection of Children and Juveniles against Sexual Abuse.

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