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(영문) 대구고등법원 2019.06.26 2019노81
강간등
Text

1. The part of the judgment below regarding the defendant's case shall be reversed.

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

3. The defendant;

Reasons

1. The court below dismissed the prosecution against the intimidation of the victim B among the facts charged in the instant case, and convicted the remainder of the facts charged.

With regard to this, the defendant and the person subject to the request for attachment order (hereinafter referred to as the "defendant") and the prosecutor appealed only for the aforementioned conviction and the dismissal of prosecution among the judgment below became final and conclusive separately as it is.

Therefore, the scope of this court's judgment is limited to the conviction among the judgment below.

2. Summary of grounds for appeal;

A. 1) Defendant case 1) The sentence of the lower court (six years of imprisonment) is too unreasonable, and is thus unreasonable. 2) The lower court’s sentence is too uneasible and unreasonable.

B. 1) The lower court ordering the Defendant to attach an electronic tracking device for five years, and ordering the Defendant to attach an electronic tracking device during the period of the attachment to “from 05:00 on a day to 05:00, not going out of the Defendant’s residence” is too harsh and unreasonable. 2) It is so unreasonable that the lower court ordering the Defendant to attach an electronic tracking device for five years.

3. Determination

A. We examine the part of the defendant's case ex officio prior to the determination of the defendant's and prosecutor's assertion of unreasonable sentencing.

Article 59-3 (1) of the Act on Welfare of Persons with Disabilities, which uniformly regulates employment restrictions on persons with disabilities who were sentenced to punishment for sex offenses against children, juveniles, or adults, is amended by Act No. 15904 on December 11, 2018, and Article 59-3 (1) and (2) of the same Act provides that the court shall set the employment restrictions period at different levels for each defendant of each case within the scope of ten years in consideration of the seriousness of each offense, the risk of recidivism, etc. When imposing punishment for each sex offense case, and Article 2 of the Addenda to the above amended Act provides that the amended provisions of Article 59-3 of the same Act shall apply to sex offenses before June 12, 2019, the enforcement date of the above amended Act, and make a final judgment final judgment

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