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(영문) 광주고등법원 2015.06.25 2015노117
성폭력범죄의처벌등에관한특례법위반(장애인유사성행위)등
Text

The part of the judgment of the court of first instance and the judgment of the court of second instance shall be reversed.

A defendant shall be punished by imprisonment for two years.

Reasons

1. Summary of grounds for appeal;

A. Part 1 of the Defendant case) The punishment of the lower court’s second instance judgment (one year of imprisonment) is too unreasonable. Also, the Defendant and the person who requested an attachment order (hereinafter “Defendant”) are limited to the Defendant and the person who requested the attachment order (hereinafter “Defendant

(2) It is improper for the court below to exempt the Defendant from the order of disclosure and notification of personal information of the Defendant, even though there are special circumstances that the Defendant could not disclose and notify the Defendant’s personal information, inasmuch as the Defendant’s punishment of the first and second instance judgment (the first instance judgment: the three-year suspended execution period), which affected the conclusion of the judgment by recognizing that the Defendant committed each of the instant offenses in a normal state, although it was in a state of mental disorder that was unable to control the Defendant’s behavior on his own due to the aesthetic state at the time of the crime of quasi-Rape of this case.

B. It is unreasonable for the lower court to dismiss the request for attachment order by the first instance court even though it is necessary for the Defendant to attach an electronic tracking device because the risk of repeating sexual crimes is high.

2. Determination on the part of the defendant's case

A. Prior to the judgment on the grounds for appeal ex officio in accordance with the consolidated examination, the first and second judgment against the defendant was rendered, and the prosecutor filed an appeal against the defendant's case and the second instance judgment regarding the application for attachment order to the defendant's case in the first instance judgment, and this court decided to concurrently examine the above two appeals cases. The first and second judgment against the defendant should be sentenced to one punishment in accordance with Article 38 (1) of the Criminal Act, since each of the crimes in the first and second instance judgment against the defendant is concurrent crimes under the former part of Article 37 of the Criminal Act, and thus, the part of the first and second judgment cannot be maintained as they are.

However, the part of the judgment of the court of first instance and the ground for ex officio destruction in the judgment of the court of second instance as above.

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