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(영문) 광주고등법원 (제주) 2019.06.05 2019노17
성폭력범죄의처벌등에관한특례법위반(13세미만미성년자위계등추행)등
Text

All the judgment below is reversed.

As to the crimes of Category 1-A, b, c, d (1), e (1), and f in the judgment of the defendant.

Reasons

Summary of Grounds for Appeal

Defendant

In full view of the fact that both the person subject to a request for an attachment order and the person subject to a medical treatment and custody order as well as the person subject to a request for a medical treatment and custody order (hereinafter referred to as the "defendant") recognize and reflects the criminal act, the defendant has a mental intent to treat the mental problem, and his family also has the intent to make efforts to improve the character and conduct of the defendant, etc., the court below's punishment [4 years of imprisonment for the crime referred to in subparagraph 1-A, (b), (c), (d)(1), (e) and (f) of the judgment, 1-D(2), (e), (g), (g), and (g) of the judgment, 7 years of imprisonment for the crime referred to in Articles 1-2, (e) and (2), 10 years of notification of personal information disclosure and employment restriction order,

We examine ex officio prior to the judgment on the grounds for appeal by the defendant.

The prosecutor filed a request for medical treatment and custody and the order of pharmacologic treatment to the defendant in the trial, and this court tried jointly with the defendant's case, and the judgment of the medical treatment and custody case and the order of pharmacologic treatment order case should be sentenced simultaneously with the judgment of the defendant's case (Article 12 (2) of the Medical Treatment and Custody Act and Article 8 (4) of the Act on Pharmacologic treatment of sexual impulses of sexual offenders cannot be maintained as it is.

Therefore, the judgment of the court below is reversed pursuant to Article 364(2) of the Criminal Procedure Act without examining the above grounds for ex officio reversal, and the judgment below is reversed and it is again decided as follows.

[Grounds for the judgment of multiple times] Criminal facts, requests for attachment order, and records of the cause for medical treatment and custody, recognized by the court, are the same as the facts of the judgment of the court below and the facts of the cause for the request for attachment order, and thus, they are cited pursuant to Article 369 of the Criminal Procedure Act. The facts of the cause for medical treatment and custody

[Facts constituting the grounds for medical treatment and custody] The defendant's sexual intercourse.

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