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(영문) 서울고등법원 2019.10.11 2019노1537
성폭력범죄의처벌등에관한특례법위반(주거침입강간)등
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than three years and six months.

excessive one man (No. 1) that has been seized.

Reasons

1. The summary of the grounds for appeal (the part concerning the defendant's case) that the court below rendered is too unhued and unfair.

2. The ex officio judgment prosecutor requested the defendant and the person to whom the attachment order was requested (hereinafter “the defendant”) to attach the electronic tracking device at the trial court, and this court decided to jointly examine the case of the defendant and the person to whom the attachment order was requested. Since the request for attachment order should be examined together with the case of the defendant and the case of the case of the case of the case of the court below, the judgment of the court below cannot be maintained in this respect.

3. The court below's decision is reversed pursuant to Article 364 (2) of the Criminal Procedure Act without examining the prosecutor's argument of unfair sentencing, on the grounds of ex officio reversal as seen above, and the judgment below is again decided as follows.

[Discied reasoning of the judgment of the court below] The facts constituting a crime and the attachment order are as stated in the corresponding part of the judgment of the court below, except for adding the following parts to six (6) of the facts constituting a crime and the facts constituting a cause of the attachment order: Article 369 of the Criminal Procedure Act and Article 35 of the Act on Probation and Electronic Monitoring, etc. of Specific Criminal Offenders.

[Judgment of the court below is consistent with Article 369 of the Criminal Procedure Act and Article 35 of the Act on Probation and Electronic Monitoring, etc. of Specific Criminal Offenders, except for adding the following parts to the "a summary of evidence" of the judgment of the court below, the defendant is acknowledged to have a habit of committing a sexual crime two or more times, and the defendant is likely to recommit a sexual crime in light of the background, method, and tendency leading to committing the crime.

1. “The risk of recidivism of sexual crimes and the recidivism in the judgment: the accused;

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