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(영문) 서울고등법원 2016.06.03 2016노125
성폭력범죄의처벌및피해자보호등에관한법률위반(특수강도강간등)등
Text

The judgment below

The part of the case of the defendant is reversed.

A defendant shall be punished by imprisonment for twenty years.

Seized precious metals (certificate, ....).

Reasons

1. Summary of grounds for appeal;

A. The sentence of the lower court against the Defendant, the requester for the attachment order, and the requester for the protective order (hereinafter “Defendant”) is too unreasonable.

B. Prosecutor 1) The lower court’s sentence of the Defendant case is too unhued and unreasonable.

2) The lower court’s dismissal of the Defendant’s request for the instant attachment order, despite the risk of recidivism, is unreasonable.

2. Determination

A. Prior to the judgment on the grounds of ex officio appeal as to the part of the case by the Defendant, the first instance court ex officio examined the reasoning of the appeal, and the prosecutor stolen the last part of the part of the crime of this case, which habitually intrudes upon the residence of the victims at night over 11 times in total, as indicated in the crime inundation list.

In “The money and valuables were stolen by habitually intrusioning the victims’ residence at night, such as in the list of crimes, at least 12 times in total.

The judgment of the court below that recognized the amendment of the indictment in the annexed crime list No. 12 and added the criminal facts in the annexed crime list (the contents are as stated in No. 12 of the annexed crime list) was applied for the amendment of the indictment. Since this court permitted the amendment, the part of the case of the defendant in the judgment of the court below cannot be reversed.

B. “The risk of recidivism of a sexual crime” as prescribed by Article 5(1) of the Act on the Protection and Observation of Specific Criminal Offenders and Electronic Monitoring, Etc. means that the possibility of recidivism is insufficient solely on the possibility of recidivism, and that the person requesting an attachment order is highly likely to depict legal peace by committing a sexual crime again in the future.

The existence of the risk of recidivism of a sexual crime shall be objectively assessed by comprehensively assessing various circumstances, such as the occupation and environment of the person requesting the attachment order, the criminal conduct before and after the crime, the motive and means of the crime, the circumstances after the crime, and the situation before the crime.

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