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(영문) 서울고등법원 (춘천) 2020.03.11 2019노235
퇴거불응등
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment with prison labor for not more than ten months.

The personal information of the defendant shall be for three years.

Reasons

1. The summary of the grounds for appeal (e.g., 10 months of imprisonment) of the lower court is deemed to be too uneasible and unfair.

2. The ex officio determination prosecutor requested this court to issue an order to attach an electronic tracking device to the defendant, and this court tried together with the defendant's case, and the judgment of the court below should be sentenced simultaneously with the judgment of the defendant (Article 9 (5) of the Act on Probation and Electronic Monitoring, Etc. of Specific Criminal Offenders).

3. In conclusion, the judgment below is reversed pursuant to Article 364(2) of the Criminal Procedure Act without examining the grounds for appeal by the prosecutor on the ground of ex officio reversal, and the judgment below is reversed and it is again decided as follows.

【Reason of the judgment rendered in multiple times】 Criminal facts committed by the defendant and the respondent for an attachment order (hereinafter referred to as “defendants”) recognized by the court in this case are identical to the corresponding column of the judgment of the court below. As such, it is accepted in accordance with Article 369 of the Criminal Procedure Act, and the facts constituting the cause of the attachment order are as follows:

【The facts constituting the cause of an attachment order】 The Defendant was issued a summary order of KRW 5 million for a crime of violating the Act on the Protection of Children and Juveniles against Sexual Abuse (Rape, etc.) at the Gangnam Branch of the Chuncheon District Court on October 21, 2011, and was sentenced to a suspended sentence of three years for one year and six months for the same crime at the same court on November 1, 2012.

At around 13:00 on August 16, 2019, the Defendant: (a) 13:00, the Defendant: (b) was seated back to the victim J (one, half, and fifty-six years of age) who drinks as he / she was seated, she committed an indecent act by force against the victim on the victim’s own hand.

As above, the Defendant has committed two or more sexual crimes, and such crimes are recognized, and there is a risk of recommitting a sexual crime.

Summary of Evidence

Criminal facts of the defendant and the defendant.

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