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(영문) 서울고등법원 2015.04.24 2015노421
아동ㆍ청소년의성보호에관한법률위반(강간등)등
Text

Defendant

In addition, the appeal by the person who requested the attachment order is dismissed.

Reasons

The court below sentenced the defendant and the respondent for an attachment order (hereinafter referred to as "defendant") to the conviction of the accused case, and the court ordered the attachment of an electronic tracking device with respect to the case claiming the attachment order, and the probation order application is dismissed upon the request of the prosecutor.

However, since only the defendant appealed against this, there is no interest in appeal as to the part of the judgment below's case of probation order.

Therefore, notwithstanding the provisions of Articles 21-8 and 9(8) of the Act on Probation and Electronic Monitoring, etc. of Specific Criminal Offenders, the part of the judgment below's request for probation order is excluded from the scope of the judgment of this court, and only the part of the case of the defendant and the case of request for attachment order belongs to

Summary of Grounds for Appeal

The Defendant was under the influence of the Defendant’s case at the time of committing the instant crime, and the Defendant was in a state of mental disability.

The sentence of imprisonment (eight years of imprisonment) imposed by the court below on the defendant is too unreasonable.

Although there is a special reason to not disclose or notify the personal information to the accused, it is improper for the court below to order the accused to disclose or notify the personal information for seven years.

Considering that the part of the application for attachment order does not have the same criminal power and reflects it, it is unreasonable that the court below ordered the defendant to attach an electronic tracking device for 20 years.

Judgment

According to the evidence duly admitted and examined by the court below on the part of the defendant's case, it does not seem that the defendant was in a state of drinking at the time of the crime of this case, but it does not seem that the defendant had the weak ability to discern things or make decisions.

The defendant's above assertion.

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