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(영문) 대전고등법원 (청주) 2014.11.13 2014노152
강간상해등
Text

The judgment below Nos. 1 and 2 shall be reversed.

A defendant shall be punished by imprisonment for six years.

120 hours against the defendant.

Reasons

1. The summary of the grounds for appeal (e.g., imprisonment with prison labor for 6 years, completion of sexual assault treatment programs for 120 hours, order of disclosure notification, 5 years order of electronic device attachment order for 10 years, 2 years: imprisonment with prison labor for 10 months) is too unreasonable.

2. Ex officio determination

A. In the first instance court on the part of the case against the defendant and the person to whom the attachment order was requested (hereinafter referred to as the "defendant"), the first instance court and the second lower court were consolidated. Each of the above cases is in a concurrent crime relationship under the former part of Article 37 of the Criminal Act, and one of the above cases must be sentenced pursuant to Article 38(1)2 of the Criminal Act. Thus, each of the lower judgment is no longer maintained.

B. Article 9(5) of the Act on the Probation and Electronic Monitoring, Etc. of Specific Criminal Offenders on the part of the case for which an attachment order is requested shall be sentenced simultaneously with the judgment of the specific crime case. As such, insofar as the part of the case of the defendant is reversed, the part of the judgment of the court of first instance on the request for attachment order cannot be reversed.

Inasmuch as the Supreme Court rendered a decision on April 14, 201 (see, e.g., Supreme Court Decision 201Do453, 2011 Jeondo12, Apr. 14, 201). Inasmuch as the grounds for ex officio reversal as seen above exist, each of the judgment below is reversed in accordance with Article 364(2) of the Criminal Procedure Act and Article 35 of the Act on Probation and Electronic Monitoring, etc. of Specific Criminal Offenders, without examining the Defendant’s assertion of unfair sentencing, and the judgment below is reversed in entirety,

Criminal facts, the facts constituting a crime and the summary of the evidence acknowledged by the court, the facts constituting the cause of attachment order, and the summary of the evidence are the same as the stated in each corresponding column of the judgment below, and thus, they shall be cited in accordance with Article 369 of the Criminal Procedure Act and Article 35 of the Act on Probation and Electronic Monitoring, Etc.

Application of Statutes

1. Criminal facts;

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