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(영문) 대전고등법원 (청주) 2014.11.27 2014노174
살인등
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for life.

Sexual assault against the defendant for 200 hours.

Reasons

1. Summary of grounds for appeal;

A. It is unfair that the Defendant and the person against whom the attachment order was requested (hereinafter “Defendant”) were sentenced to imprisonment with prison labor for life, completion of sexual assault treatment programs for 200 hours, disclosure notification orders for 10 years, and 30 years of electronic device attachment orders for 30 years) are too unreasonable.

B. The Prosecutor’s sentence is too uneased and unreasonable.

2. According to Article 9(6) of the Act on the Probation and Electronic Monitoring, etc. of Specific Criminal Offenders, the reason for the judgment on the issuance of an attachment order is the requirement, summary of evidence, and applicable provisions of the Act. The lower court, while issuing an attachment order to the Defendant, omitted the summary of evidence on the applicable provisions of the Act [Special Cases Concerning the Punishment, etc. of Sexual Crimes (Special Quasi-Indecent Acts) and the violation of the Act on the Protection of Children and Juveniles against Sexual Abuse ( quasi-rape, etc.)] and the “risk of recidivism” in the reasoning of the judgment.

Therefore, the part of the judgment below regarding the claim for attachment order among the judgment below cannot be exempted from reversal because it is unlawful. Since the case for attachment order is to be tried and sentenced simultaneously with the defendant's case, the judgment of the court below should be reversed in its entirety.

3. As seen above, the judgment of the court below is reversed under Article 364(2) of the Criminal Procedure Act and Article 35 of the Act on the Probation and Electronic Monitoring, etc. of Specific Criminal Offenders, without examining the allegation of unfair sentencing by the defendant and the prosecutor, and the judgment below is reversed, and the following is again decided after pleading.

Criminal facts, the facts of the cause of the request for attachment order, the criminal facts acknowledged by the court, the facts of the cause of the request for attachment order, and the summary of the evidence, shall be conducted in accordance with Article 3-4.

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