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(영문) 서울고등법원 2015.06.23 2015노1109
준강제추행등
Text

The judgment below

The part of the defendant's case shall be reversed.

A defendant shall be punished by imprisonment for one year.

except that this judgment.

Reasons

Summary of Grounds for Appeal

The punishment sentenced by the court below against the defendant (one hundred months of imprisonment, two years of suspended execution, etc.) is too unhutiled and unfair.

Judgment

According to the judgment of the prosecutor's ex officio on the grounds for appeal of unfair sentencing on the part of the defendant's case, prior to the judgment on the grounds for appeal of unfair sentencing by the prosecutor's ex officio, the court below stated on the first trial date of the court below that "I see that the defendant himself was a quasi-incompetent or a quasi-incompetent" on the first trial date of the court below, and there is no indication as to whether "the defendant" recognized the facts charged on the first trial date of the court below (only there is a statement that "the defendant has obtained a certificate of intention of a participatory trial along with the indictment, and does not want a participatory trial)." The above written trial records alone do not constitute a confession on the facts of this case in the court below. However, the court below erred in the violation of Article 307 of the Criminal Procedure Act by recognizing "the defendant's statement among the first trial records" as evidence for conviction, and therefore, the court below's judgment cannot be maintained

If the judgment prosecutor on the part of the case for which the attachment order is requested files an appeal against the case for which the case for which the attachment order is requested, the appeal shall be deemed filed.

The court below sentenced the suspension of execution with respect to the specific crime case of this case, and pursuant to Article 9 (4) 4 of the Act on Probation and Electronic Monitoring, etc. of Specific Criminal Offenders, the request for attachment order shall be dismissed by judgment when the suspension of execution is sentenced with respect to the specific crime case of this case. Thus, the court below's dismissal of the request for attachment order is justified, and this part of the request shall be reversed differently as long as this court sentences the suspension

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