(영문) 울산지방법원 2013.05.24 2013고합22 (1)

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(영문) 울산지방법원 2013.05.24 2013고합22 (1)

성폭력범죄의처벌등에관한특례법위반(친족관계에의한준강간)등

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The request for the attachment order of this case is dismissed.

Reasons

1. A person against whom a request for attachment order is made shall have committed a sexual crime against a person under 19 years of age, who rapes the victim and has a physical or mental disability, as shown in the separate sheet;

2. Article 9 of the Act on the Electronic Monitoring, etc. of Specific Criminal Offenders provides that the request for an attachment order shall be dismissed when the suspension of execution, suspension of sentence, or fine is imposed with respect to a specific crime case.

In addition, in light of the overall purport of the above law, the sentence of an attachment order should be deemed to be premised on the sentence of imprisonment and the execution thereof with respect to the specific crime case.

Therefore, the request for attachment order should be dismissed even when the Juvenile Department decides to transfer the specific crime case to the Juvenile Department.

This Court rendered a ruling to transfer the part of the instant Defendant case to the Juvenile Department on May 24, 2013, after combining the two cases, including a violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, which is a specific crime case against the person subject to the request to attach an attachment order, with the case in question, and the case in question, as such, decided to transfer the case to the Juvenile Department, the request to attach

It is not so.

Even if a person subject to a request for attachment order is unable to properly control sexual impulses as a result of an examination, it is insufficient to recognize that the person subject to a request for attachment order has a risk of recommitting a violent crime, and there is no other evidence to acknowledge it, taking into account the following: (a) the problem that the person subject to a request for attachment order is unable to properly control sexual impulses as a result of an examination; (b) the recognition distortion of sexual assaults was low; (c) the person subject to a request for attachment order does not seem to have high possibility of developing the crime against another person, not female, and (d) the person subject to a request for attachment

참조조문

-특정 범죄자에 대한 위치추적 전자장치 부착 등에 관한 법률 제9조

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