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(영문) 서울고등법원 2016.09.06 2016노1218
강제추행등
Text

All the judgment below is reversed.

A defendant shall be punished by imprisonment for not less than one year and six months.

information about the defendant for three years.

Reasons

Summary of Grounds for Appeal

The defendant and the person subject to a request to attach an attachment order (hereinafter referred to as the "defendants") in the case involving the defendant's mental and physical disorder have drinking alcohol as shown in K before the instant case, and they have drinking alcohol more than 7 to 8 illness per week, which is a large amount of fluence, and met with beer, and thereafter, the defendant dysculing to the E hospital after being treated as being dysculed by being on the dysculing and being treated by being on the dyscule

Therefore, at the time of the instant case, the Defendant was in an insane or mental state.

The punishment imposed by the court below on the defendant (one year and six months of imprisonment) is too unreasonable.

The defendant's sexual record of a sexual crime claiming an attachment order is prior to a considerable period of time, and this case was committed by the defendant without the spirit of alcohol and thus the defendant does not have a clear intention or intent to commit an indecent act against the victim. Therefore, it is unreasonable for the court below to order the defendant to attach an electronic tracking device.

Even if it is necessary to order the defendant to attach an electronic tracking device, the court below's order that the attachment order period shall be six years and the prohibition of going out at night is unfair.

Judgment

We examine ex officio the reasons for appeal for ex officio judgment prior to the judgment.

In the trial of the court below, the prosecutor changed the facts charged in this case and the facts constituting the cause of the attachment order from among [the facts of the crime], [the facts of the cause of the attachment order], and the name of the crime from "indecent act by compulsion" to "quasi-indecent act", Article 298 of the Criminal Act from among applicable provisions of law to "Articles 299 and 298 of the Criminal Act". Since this court permitted this and changed the subject of the judgment, the part of the judgment of the court below and the part of the claim for the attachment order cannot be maintained any more.

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