logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울고등법원 2018.04.24 2018노60
강제추행등
Text

1. The part of the judgment below on the defendant is reversed.

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

except that this judgment.

Reasons

Summary of Reasons for appeal

A. Part 1 of the case by the Defendant and the person who requested the attachment order (hereinafter referred to as “Defendant”): misunderstanding the facts and misapprehension of the legal doctrine: the Defendant did not appear at a place specified in the facts charged in the instant case at the time stated in the instant facts charged, and did not commit an indecent act against the victim as stated in the judgment of the court below.

B) Mental and physical weakness: Even if the Defendant committed the instant crime,

Even at the time, the defendant was in a state of mental and physical weakness due to compilation history.

On the grounds of appeal, the defense counsel asserted that the circumstances in which the editing of the Defendant appears to have affected the instant crime were to be considered, and that the lower court was justifiable to have reduced the physical and mental weakness when making a last pleading on the date of the first pleading at the trial of the first instance court (Provided, That the lower court did not reduce the physical and mental weakness). The purport of the defense counsel’s assertion can be seen as a whole to have asserted the physical and mental weakness in light of the overall purport of the defense counsel.

C) Improper sentencing: The sentence of the lower court, including an order to attach a location tracking electronic device (hereinafter “electronic device”), is too unreasonable, that is, the order to suspend the execution of ten months, to observe protection, to attend a lecture for treating sexual assault for 40 hours, to disclose and notify personal information for two years, and to attach an electronic device for two years).

2) The prosecutor (unfair sentencing)’s sentence is too unhued and unreasonable.

(b) A defendant shall be ordered to attach an electronic device while sentenced to imprisonment with prison labor to prevent a second offense in part of the case for which the request for attachment order is made;

The prosecutor explicitly states that the defendant should be sentenced to punishment on the grounds of appeal that the sentencing of the defendant case is unfair, but the prosecutor is dissatisfied with the whole judgment of the court below (see a petition of appeal). The prosecutor orders the defendant to be subject to observation while suspending the execution of punishment and attaching an electronic device to confirm whether he/she complies with the matters to be observed.

arrow