logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대전고등법원 2020.07.24 2020노122
강제추행등
Text

Defendant

In addition, the appeal by the person who requested the attachment order is dismissed.

Reasons

1. The lower court rendered a judgment of conviction on the part of the Defendant case, and ordered probation ex officio pursuant to Articles 21-3(2), 21-2 subparag. 1, 21-4(1) and 9-2(1) of the Act on the Probation and Electronic Monitoring, etc. of Specific Criminal Offenders, by dismissing the prosecutor’s request regarding the part regarding which a request for attachment order was made.

Therefore, the part of the case in which the defendant and the person subject to the request for attachment order (hereinafter “the defendant”) have interests in appeal as to the part of the request for attachment order by the court below, and only the defendant appealed, the part of the request for attachment order by the court below pursuant to Article 9(8) of the Act on Probation and Electronic Monitoring, etc. of Specific Criminal Offenders falls under the scope of this court’s

However, the defendant only contests the part of the judgment below regarding the defendant's case based on the grounds of appeal, and does not express his/her intention to specifically see the part of the judgment below's claim for attachment order, and there is no circumstance to deem that probation order issued by the judgment below is unfair. Thus, the court below should examine only the part concerning the defendant's case.

2. The summary of the grounds for appeal (e.g., one year of imprisonment and five years of employment restriction order) of the lower court is too unreasonable;

3. The lower court determined that the Defendant committed an indecent act on the part of female employees working in the restaurant run by himself/herself at the late night again with a restaurant at the late night. As such, in light of the background and method of the crime, the place of the crime, and the relationship with the victim, etc., the crime is not good and the possibility of criticism is not small, and the victim suffered from the above sexual crime in the workplace from the proprietor of the business employing himself/herself is likely to not have suffered mental pain and shock, and the victim is eventually the victim.

arrow