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(영문) 서울고등법원 2015.01.22 2014노2762
아동ㆍ청소년의성보호에관한법률위반(강간)등
Text

All judgment of the court below shall be reversed.

A defendant shall be punished by imprisonment for seven years.

One of the smartphones seized (No. 3).

Reasons

1. Summary of grounds for appeal;

A. The punishment of each judgment of the court below on the defendant's case (the first instance court's 6 years of imprisonment, the second instance court's 3 years of imprisonment) is too unreasonable.

B. Although the Defendant and the person against whom the attachment order was requested (hereinafter “Defendant”) cannot be deemed to have a habitle to sexual assault crimes, each court below’s order to attach an electronic tracking device is unfair, and the period is too too long.

2. The Defendant filed an appeal against the lower judgment, and each of the appeals cases was consolidated and tried at the trial.

Since each crime of the judgment below is in a concurrent crime relationship under the former part of Article 37 of the Criminal Act, one punishment shall be imposed within the scope of the term of punishment aggravated for concurrent crimes pursuant to Article 38(1) of the Criminal Act, and the part of the judgment below on the defendant's case among the judgment below cannot

In addition, the part of the judgment of the court below regarding the attachment order case, and when the attachment order is simultaneously issued for several specific crimes, one attachment order shall be issued within the scope of the aggravated attachment period in accordance with Article 9(2) of the Act on the Probation and Electronic Monitoring, etc. of Specific Criminal Offenders. Therefore, it cannot be maintained as it is.

Therefore, the judgment of the court below cannot be reversed in its entirety.

3. Accordingly, the judgment of the court below is reversed in its entirety under Article 364(2) of the Criminal Procedure Act and Article 35 of the Act on the Probation and Electronic Monitoring, etc. of Specific Criminal Offenders, without examining the Defendant’s allegation of unfair sentencing and unfair attachment order, and it is again decided as follows.

Criminal facts, facts of the cause of request for attachment order, and summary of the evidence recognized by the court, facts of the cause of request for attachment order, and summary of the evidence are as stated in each corresponding column of the judgment below. Thus, Article 369 of the Criminal Procedure Act and Article 369

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