(영문) 서울고등법원 2013.10.17 2013노2670 | 리걸엔진

beta

본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.

Text

Reasons

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 서울고등법원 2013.10.17 2013노2670

성폭력범죄의처벌등에관한특례법위반(친족관계에의한강제추행)등

Text

The prosecutor's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. Considering the content of the instant crime and the fact that the Defendant and the person to whom the attachment order was requested (hereinafter “defendants”) committed the instant crime when they were tried for the same kind of case, the lower court’s punishment (two years and six months of imprisonment and four years of suspended execution) is too unreasonable.

B. In light of the overall circumstances in which a request to attach an attachment order is filed, the Defendant is likely to repeat a sexual crime.

2. Determination

A. In full view of the following circumstances: (a) the Defendant in the instant case committed the instant crime while he/she was under trial by force by force; (b) the Defendant committed the instant crime while he/she was under trial by force by force by force; and (c) the victim appears to have undergone considerable mental impulse; (d) the Defendant committed the instant crime by force by force; (c) the Defendant committed the instant crime by force by force; (d) the victim was 5 minutes of the Defendant’s sexual organ under the influence of alcohol; (d) the Defendant committed the instant crime by cultivating himself/herself; (e) the Defendant took depth and reflects the Defendant’s mistake; and (e) the victim was not subject to the Defendant’s punishment by force; and (e) the Defendant’s age, character and conduct, environment, family relationship, motive and background of the instant crime; and (e) the method and consequence of the instant crime; and (e) the circumstances after the crime, etc., the lower court’s punishment is too unscheduled and unreasonable.

Therefore, this part of the prosecutor's argument is without merit.

B. “The risk of recidivism of a sexual crime” under Article 5(1) of the Act on the Electronic Monitoring, etc. of Specific Criminal Offenders for whom a request to attach an attachment order is made means that the possibility of recidivism is insufficient solely by itself, and that there is a reasonable probability for the person who requested the attachment order to destroy legal peace by committing a sexual crime again in the future. The risk of recidivism of a sexual crime is identified as the occupation of the

참조조문

-특정 범죄자에 대한 위치추적 전자장치 부착 등에 관한 법률 제5조 제1항

유사 판례

-대구고등법원 2015.04.16 2014노662

-서울고등법원 2016.12.23 2016노3330

-서울고등법원 (춘천) 2020.05.27 2019노226

-광주고등법원 2013.12.12 2013노420

-대구고등법원 2015.01.29 2014노625