logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 광주고등법원 (전주) 2019.08.20 2019노118
아동ㆍ청소년의성보호에관한법률위반(강제추행)등
Text

The part of the judgment of the court below regarding the crime Nos. 1 and 2 shall be reversed.

On the first and second crimes against Defendant.

Reasons

1. The lower court dismissed the prosecutor’s request regarding the part of the Defendant case regarding which the request for attachment order was filed, and ordered probation ex officio pursuant to Article 21-3(2) of the Act on Probation and Electronic Monitoring, Etc. of Specific Criminal Offenders (hereinafter “Electronic Monitoring Act”), and appealed only by the Defendant.

Therefore, the part of the request for attachment order is excluded from the scope of the trial of this court, notwithstanding the provisions of Article 9 (8) of the Electronic Device Attachment Act.

In addition, as long as the defendant has lodged an appeal against the accused case, Article 9(8) of the Electronic Monitoring Act shall apply mutatis mutandis to Article 21-8 of the Electronic Monitoring Act, thereby filing an appeal against the probation order. Therefore, the scope of the judgment of this court shall include the part of the probation

2. Summary of grounds for appeal;

A. misunderstanding of facts or misunderstanding of legal principles (as to the crime No. 1 and No. 2 in the market) 1) The Defendant was only aware of the victim’s grandchildren, hairs, and vessels with the victim’s D (name, 17 years old) permission, and did not seem to have shown the victim’s chests. The Defendant’s act was the purpose of treatment and did not intend to commit an indecent act. 2) The Defendant did not intend to steal the victim’s bicycle to repair and return the victim’s bicycle.

B. The lower court’s sentence of unfair sentencing (the first and second crimes: imprisonment with prison labor for one year, and the third crimes in its ruling: imprisonment with prison labor for one month) is too unreasonable.

3. Determination on the part of the defendant's case

A. We examine ex officio the defendant's grounds for appeal on the part concerning the first and second crimes in the judgment of the court below prior to the judgment on the grounds for appeal by the court below

Article 59-3(1) of the former Act on Welfare of Persons with Disabilities (Amended by Act No. 15904, Dec. 11, 2018; Act No. 15904, Jun. 12, 2019) may operate welfare facilities for persons with disabilities or provide them with employment or actual labor at welfare facilities for persons with disabilities.

arrow