logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울고등법원 2018.07.10 2018노1069
성폭력범죄의처벌등에관한특례법위반(주거침입강간)등
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for four years.

The information on the accused is disclosed for a period of eight years.

Reasons

1. Summary of grounds for appeal;

A. The sentence of the lower court (limited to the Defendant and the person who requested the attachment order (hereinafter “Defendant”) is too unreasonable (a punishment of imprisonment with prison labor for three years, orders to complete sexual assault treatment programs for 120 hours, and orders to disclose personal information for three years).

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

2) The part for which a request to attach an electronic device is filed: It is unreasonable for the court below to dismiss a prosecutor’s request to attach an electronic device despite the risk of recommitting a sexual crime.

2. Determination

A. According to the ex officio records on the legitimacy of Defendant’s appeal, the same month after the Defendant was sentenced to the judgment of the court below on April 6, 2018.

9. The grounds for appeal are recognized on the date of the first trial on May 24, 2018, after submitting a written petition of appeal through a proxy of the Seoul dental office, and submitted a written statement of reasons for appeal on May 9, 2018 through a proxy of the Seoul dental office’s office.

The defendant was unable to submit a petition of appeal within the period of appeal without any reason attributable to him/her.

There is no assertion or vindication as to the circumstances that can be seen.

Thus, it can be seen that the defendant filed an appeal through the submission of a written reason for appeal.

Even if the appeal is filed after the right to appeal is extinguished, it is obvious that the appeal is filed.

B. The Prosecutor’s assertion 1) The Defendant’s part of the instant case is about the attempted attempted crime, and the Defendant’s mental and physical weakness at the time of the instant crime is favorable to the Defendant.

On the other hand, the defendant reported that a young female victim was entering an apartment, and pretended to the residents of the apartment, and led to the elevator with the victim's seat, and divided the victim's face into the victim's hand and the victim's seat.

arrow