(영문) 대구고등법원 2015.06.25 2014노452 | 리걸엔진

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Text

Reasons

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 대구고등법원 2015.06.25 2014노452

강제추행등

Text

1. All the judgment below is reversed.

2. The defendant shall be punished by imprisonment with prison labor for four years;

3. 40 hours against the defendant.

Reasons

1. Summary of grounds for appeal;

A. Prosecutor’s appeal against the judgment of the court below of first instance 1) The first instance court’s part of the defendant’s case is the defendant and the person requesting attachment order (hereinafter “defendant”).

A) The sentence imposed upon the Defendant (one year and six months of imprisonment, and three years of suspended execution) is too unhued and unreasonable. 2) The Defendant is deemed to have committed a sexual crime on at least two occasions and is likely to recommit a sexual crime in light of the circumstances, etc. of the instant crime.

Therefore, the lower court’s dismissal of the Defendant’s request for attachment order is unlawful.

B. Defendant and prosecutor’s appeal against the judgment of the court below of Second Instance 1) The sentence imposed by the court of first instance on Defendant (one year of imprisonment) is too unreasonable.

B) In light of the Defendant’s age, health status, etc. regarding the part of the case claiming an attachment order, the period of attachment of the location tracking device ordered by the second instance court for a period of six years is excessively harsh to the Defendant. (ii) The sentence imposed by the second instance court on the Defendant in the part of the Defendant’s case is too harsh and unreasonable. (B) The period of attachment of the location tracking device issued by the Defendant in the second instance court is excessively shorter than that of the Defendant in the case claiming an attachment order.

2. As the judgment of the court below in the first and second instances against the defendant in the judgment of the court below in the second instance, the prosecutor filed an appeal against the judgment of the court below in the first and second instances, and the court decided to consolidate each of the above appeal cases. Each of the offenses committed by the court below is a concurrent crime under the former part of Article 37 of the Criminal Act and a single sentence should be imposed pursuant to Article 38(1) of the Criminal Act. Thus, the part of the judgment of the court below in the first and second instances cannot be maintained

In addition, when issuing an attachment order at the same time with respect to several specific crimes, the probation and electronic device for the specific criminal is attached.

참조조문

-형법 제38조 제1항

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