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(영문) 대전고등법원 (청주) 2019.02.14 2018노167
성폭력범죄의처벌등에관한특례법위반(장애인위계등간음)등
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for four years.

Sexual assault against the defendant for 80 hours.

Reasons

1. The summary of the grounds for appeal is too unreasonable that the original sentence (such as imprisonment for a term of five years, an order to complete a sexual assault treatment program of 80 hours) is too unreasonable;

2. The ex officio judgment prosecutor requested the defendant and the person subject to the request for the attachment order (hereinafter “the defendant”) to attach an electronic tracking device at the trial court, and this court decided to hold concurrent hearings between the defendant's case and the case for the attachment order. Since the request for the attachment order should be examined together with the defendant's case and the judgment should be sentenced simultaneously, the judgment of the court below is no longer maintained in this respect.

3. Therefore, the judgment of the court below is reversed pursuant to Article 364 (2) of the Criminal Procedure Act without examining the defendant's assertion of unfair sentencing, and the judgment below is again decided as follows after oral argument.

【Reasons for the Judgment of the Court which has been written] The summary of facts constituting a crime and evidence recognized by the court is identical to the description of each corresponding column of the judgment of the court below. Thus, they are cited in accordance with Article 369 of the Criminal Procedure Act

Application of Statutes

1. Article 6 (5) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes under the relevant Act on Criminal Crimes and Article 288 (1) of the Criminal Act;

1. The latter part of Article 37 and Article 39 (1) of the Criminal Act dealing with concurrent crimes;

1. Aggravation of concurrent crimes among concurrent crimes as provided for in the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act (aggravating concurrent crimes within the scope of the sum of the long-term punishments of crimes as provided for in the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes with heavy punishments)

1. Article 53 or 55 (1) 3 of the Criminal Act for discretionary mitigation ( normal consideration in favor of the defendant among the grounds for discretionary mitigation);

1. The main sentence of Article 21 (2) of the Act on the Protection of Children and Juveniles against Sexual Abuse;

1. The main sentence of Article 49 (1) and the main sentence of Article 50 (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse, which shall be ordered to disclose or notify;

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