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(영문) 대전고등법원 (청주) 2014.09.18 2014노103
아동ㆍ청소년의성보호에관한법률위반(강간)
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for seven years.

information about the defendant for seven years.

Reasons

1. Summary of grounds for appeal;

A. The punishment imposed by the lower court (one year of imprisonment, 350 hours of sexual assault treatment program, and 7 years of disclosure notification order) by the Defendant and the person subject to a request to attach an attachment order (hereinafter “Defendant”) is too unreasonable.

B. The sentence imposed by the prosecutor by the court below is too uneasible and unreasonable.

2. An ex officio judgment prosecutor filed a request for an attachment order of an electronic tracking device against the Defendant at this court, and this court decided to hold a joint hearing of the case of the Defendant and the case of the case of the case of the attachment order. Since the case of the application of the attachment order shall be tried and sentenced simultaneously with the Defendant’s case (see, e.g., Supreme Court Decision 201Do453, 2011Do12, Apr. 14, 201), the lower judgment was no longer maintained in this respect.

3. If so, the judgment of the court below is reversed in accordance with Article 364 (2) of the Criminal Procedure Act without examining the defendant and the prosecutor's allegation of unfair sentencing, and the judgment below is reversed, and it is again decided as follows through pleading.

Criminal facts

Since the facts charged by this court are the same as the corresponding column of the judgment of the court below, they are quoted in accordance with Article 369 of the Criminal Procedure Act.

On April 18, 1997, the Defendant was sentenced to a suspended sentence of two years for a crime of violation of the Punishment of Sexual Crimes and the Protection of Victims Act (special rape, etc.) at the Seoul High Court on April 18, 199, and was sentenced to a five-year imprisonment by the Busan High Court on August 5, 2004 for a violation of the Punishment of Sexual Crimes and the Protection of Victims Act (special rape, etc.). On January 12, 2009, the Defendant completed the execution of the sentence in the Ansan Prison on January 12, 2009. On April 10, 2013, the Defendant had been sentenced to an order to attach an electronic tracking device for five years at the Ansan Branch Branch of the Macheon District Court on April 10, 2013, but was sentenced to an electronic

Summary of Evidence

the court is authorized by this court.

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