logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울고등법원 2014.03.07 2014노31
성폭력범죄의처벌등에관한특례법위반(장애인에대한준강간등)등
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for four years.

Sexual assault, 80 hours against the defendant.

Reasons

1. Summary of grounds for appeal;

A. Defendant and Defendant 1 and Defendant 2: (a) The sentence of the lower court on the part of the Defendant case is too unreasonable; and (b) the part of the lower court’s case regarding the attachment order claim is unreasonable. 2) It is unreasonable for the lower court to order the attachment of a location tracking device to the Defendant and the person to whom the attachment order was requested (hereinafter “Defendant”) although there is no risk of recommitting a sexual crime, to order

B. The Prosecutor’s sentence of the lower court is too unhued and unreasonable.

2. Determination

A. Prior to the judgment on the grounds for appeal ex officio, prior to the judgment on the grounds for appeal ex officio, the prosecutor examined the facts charged against the defendant as "rape, quasi-rape, and quasi-indecent act by compulsion", and applied for changes in the indictment as stated in the facts charged in the following, and the court applied for changes in the indictment as stated in the following facts. Since this court permitted this, the judgment of the court below cannot be maintained any longer.

Meanwhile, in light of the provisions of the Act on Probation and Electronic Monitoring, etc. of Specific Criminal Offenders, in cases where the part of the Defendant’s case is reversed, the attachment order case to be tried together with the judgment of the court below cannot be reversed, and at the same time, this part cannot be maintained.

However, despite the above reasons for ex officio destruction, the defendant's assertion of misunderstanding of facts against the attachment order case is still subject to the judgment of this court.

B. The risk of recidivism of a sexual crime as prescribed by Article 5(1) of the Act on Probation and Electronic Monitoring, Etc. of Specific Criminal Offenders in the judgment on the part of the request for attachment order means that the possibility of recidivism is not sufficient enough and it is highly probable that the person who requested attachment order will injure the legal peace by committing a sexual crime again in the future.

2. Sexual crimes;

arrow