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(영문) 대전고등법원 (청주) 2014.03.27 2014노16
성폭력범죄의처벌등에관한특례법위반(친족관계에의한강간)
Text

All judgment of the court below shall be reversed.

A defendant shall be punished by imprisonment for 18 years.

For a period of 10 years, the information on the defendant.

Reasons

1. The summary of the grounds for appeal is unreasonable in all of the punishment (the 10-year imprisonment of the court below, the 10-year disclosure and notification of information, the 10-year location tracking electronic device, the 10-year location tracking device, the 2-year imprisonment, the 8-year sexual assault therapy, the 80-hour time of the sexual assault therapy, the disclosure of information and the 10-year notification) that the court below sentenced the defendant and the person subject to the request for attachment order (hereinafter

2. Ex officio determination

A. The Defendant appealed against each judgment of the lower court, and this court decided to jointly examine each appeal case.

However, since the crime of each decision of the court below against the defendant is one of the concurrent crimes under the former part of Article 37 of the Criminal Act, it shall be sentenced to a single sentence within the scope of a limited term of punishment pursuant to Article 38(1) of the Criminal Act.

Therefore, each judgment of the court below against the defendant can no longer be maintained.

B. In light of the relevant provisions of the Act on the Probation and Electronic Monitoring, etc. of Specific Criminal Offenders as to the attachment order case, where the judgment of the court below on the prosecuted case is unlawful and the part concerning the prosecuted case among the judgment below is reversed, the part concerning the request for attachment order which shall be examined together with the judgment and the judgment shall not be reversed.

(2) As such, the lower court’s judgment is reversed under Article 364(2) of the Criminal Procedure Act and Article 35 of the Act on Probation and Electronic Monitoring, Etc. of Specific Criminal Offenders, without examining the Defendant’s assertion of unfair sentencing, and further decides as follows: (a) the lower court’s judgment is reversed under Article 364(2) of the same Act and Article 35 of the Act on the Probation and Electronic Monitoring, etc. of Specific Criminal Offenders; and (b) the lower judgment is again determined based on the oral argument.

Criminal facts

Article 369 of the Criminal Procedure Act and Article 369 of the Criminal Procedure Act, since the facts underlying the attachment order, the summary of the evidence, and the facts underlying the attachment order, and the summary of the evidence are the same as the corresponding column of the judgment below.

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