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(영문) 서울고등법원 2015.11.06 2015노2473
성폭력범죄의처벌등에관한특례법위반(장애인강제추행)
Text

Defendant

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

A candidate for medical treatment and custody shall be punished by medical treatment and custody.

Reasons

The court below sentenced the defendant and the person subject to probation order and the person subject to medical treatment and custody (hereinafter referred to as the "defendant") to a conviction on the part of the defendant's case, ordered probation on the part of the request for probation order, and ordered dismissal of the prosecutor's request on the part of the request for attachment order. As such, there is no benefit of appeal on the part of the request for attachment order.

Therefore, notwithstanding Article 9 (8) of the Act on Probation and Electronic Monitoring of Specific Criminal Offenders, the part regarding the request for attachment order is excluded from the scope of the trial of this court.

Summary of Grounds for Appeal

The Defendant, at the time of the instant case, committed an indecent act against the victim by means of having the victim E, who was working with F’s axiss at the time of the instant case, left the body properly, intending to put the son into the son’s winter, thereby inducing the son’s son’s son’s son’s son’s son’s son, and as indicated in the instant facts charged, she did not commit an indecent act against the victim by taking charge of the son’s son’

The imprisonment (one year of imprisonment) imposed by the court below on the defendant is too unreasonable.

Despite the fact that the defendant cannot be deemed to have a risk of recidivism in the part of the request for probation order, the court below's order probation to the defendant is improper

Judgment

In full view of the evidence duly admitted and examined by the court below as to the assertion of mistake of facts concerning the part of the defendant's case, the fact that the defendant forcedly committed indecent acts against the victim as stated in the decision of the court below can be fully acknowledged, in the second trial of the court below, including the statement of witness F in the witness E in the third trial of the court below and the statement

The defendant's ground of appeal on this part is without merit.

As to the assertion of unfair sentencing, the Defendant’s editing.

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