logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울고등법원 2020.06.18 2020노623
강제추행등
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not more than ten months.

For the accused, child and juvenile-related institutions.

Reasons

1. The sentencing of the court below is too uncomfortable.

2. On March 4, 2020, an ex officio judgment prosecutor requested a location tracking electronic device attachment order applicant and a probation order requester (hereinafter “defendant”) to a location tracking electronic device attachment order applicant and the probation order applicant. On March 4, 2020, the trial court decided to jointly examine the case of the defendant and the case of the attachment order application application application, and the case of the probation order application application. The case of the attachment order application application and the case of the probation order application are examined together with the case of the defendant and the judgment should be rendered simultaneously. Therefore, the judgment of the court below is no longer maintained in this respect.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 prosecutor's allegation of unfair sentencing, and the judgment below is again decided as follows after oral argument.

Punishment of the crime

Since the facts constituting an offense recognized by this court are the same as the corresponding column of the judgment below, they shall be quoted in accordance with Article 369 of the Criminal Procedure Act.

The Defendant, as stated in its reasoning, is likely to recommit a sexual crime in light of the content of the sexual crime of this case and the character, conduct and environment of the Defendant, etc.

Summary of Evidence

The summary of evidence as to the facts constituting the offense acknowledged by this court and the facts constituting the cause of probation order is the same as the corresponding column of the judgment of the court below, except for addition of the following in the summary column of evidence of the court below.

1. The risk of recidivism in the judgment: The above evidence, the following circumstances recognized by the statement of a prior investigation into the claim reply, and other circumstances revealed in the oral proceedings, are likely to recommit a sexual crime against the defendant, and the execution of the sentence is completed.

arrow