(영문) 서울고등법원 2019.05.02 2018노3563 | 리걸엔진

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Reasons

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(영문) 서울고등법원 2019.05.02 2018노3563

준강제추행등

Text

Defendant

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

Reasons

1. The court below's scope of trial was convicted of the part of the defendant's case and ordered the attachment of an electronic tracking device for seven years. The court rendered a judgment dismissing the prosecutor's claim regarding the part of the request for probation order, and the defendant and the respondent for the attachment order (hereinafter "defendant") appealed only. Thus, there is no benefit of appeal as to the part of the request for probation order.

Therefore, notwithstanding the provisions of Articles 21-8 and 9(8) of the Act on Probation and Electronic Monitoring, etc. of Specific Criminal Offenders (hereinafter “Electronic Monitoring Act”), the scope of this court’s trial is limited to the part of the case of the defendant and the case of the request for attachment order, and the part of the request for probation order is excluded.

2. The sentencing of the lower court is too inappropriate.

3. Determination

A. It is recognized that the part of the defendant's case is recognized that the defendant recognized the crime of this case, and repents and reflects his mistake, and that the defendant suffered alcohol ozone, etc. at the time of the crime of this case and appears to have been under the influence of alcohol (However, this does not seem to have weak ability to discern things or make decisions).

However, the crime of this case committed by the defendant by force using the mental condition of the victim, which was invaded by the victim's body of female use, which is a place used by the public for sexual purposes, and is not good in its nature. The defendant committed the crime of this case again with attaching "location tracking electronic device" during the repeated crime period even though he/she was sentenced several times of punishment due to the same crime, even though he/she was sentenced to several times of punishment, and again committed the crime of this case by attaching "location tracking electronic device" during the repeated crime period. The victim was aware of considerable mental suffering and pain due to the crime of this case, and the defendant

참조조문

-특정 범죄자에 대한 보호관찰 및 전자장치 부착 등에 관한 법률 제9조 제8항

-특정 범죄자에 대한 보호관찰 및 전자장치 부착 등에 관한 법률 제21조의8

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