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(영문) 대구고등법원 2021.01.13 2020노326
강제추행등
Text

Defendant

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

Reasons

1. The lower court rendered a judgment of conviction on the Defendant case, the lower court rendered a judgment ordering the attachment of an electronic tracking device for a period of five years with respect to the case claiming an attachment order, and the prosecutor’s request for a protective observation order was dismissed.

As the defendant and the person who requested the attachment order (hereinafter "defendant") have appealed, there is no benefit of appeal as to the case of the claim for the protection observation order.

Therefore, notwithstanding the provisions of Articles 21-8 and 9(8) of the Electronic Device Installation Act, the part of the case of the request for the protection observation order is excluded from the scope of the trial of this court.

2. Summary of grounds for appeal;

A. Although the Defendant 1 was misunderstanding the facts and misunderstanding the legal principles, there was no fact that the Defendant tried to dance the victim’s threshold, or did not have the victim’s her tam.

Nevertheless, the court below found the defendant guilty on the grounds of the victim's statement that is not reliable. The court below erred by misunderstanding the facts and misunderstanding the legal principles.

2) The punishment sentenced by the lower court (one year of imprisonment) is too unreasonable.

B. The lower court’s order to attach an electronic tracking device to the Defendant for five years is too harsh to order the Defendant to attach an electronic tracking device.

3. Determination

A. As to the Defendant’s assertion of misunderstanding of facts and misapprehension of legal principles, the lower court also asserted that this part of the appeal is the same as the grounds for appeal.

As to this, the lower court has determined the following legal principles as stated in its reasoning and the following circumstances: (i) The victim, “I am the Defendant, while being a multilateral, provided the Defendant with the tobacco from his own side, in two arms, and kisaly reviewed whether I am a tobacco.”

B. I also examine one time.

One year, whether it is inside the territory of the State;

“At the same time, I am kn’t kn’t kn’t and kn’t kn’t kn’t kn’.

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