logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 부산고등법원 2019.10.10 2019노314
강제추행치상등
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for five years.

information about the defendant for five years.

Reasons

1. Summary of grounds for appeal;

A. Defendant and the respondent for an attachment order shall be the Defendant and the respondent for an attachment order (hereinafter referred to as “Defendant”).

The punishment sentenced to imprisonment (five years of imprisonment, etc.) is too unreasonable.

(b) An appeal shall be filed against the prosecutor for an attachment order of an electronic tracking device and shall be filed in combination with the accused case.

2. We examine ex officio prior to the judgment on the grounds for appeal by the defendant and the prosecutor.

In the trial, a prosecutor requested an attachment order of an electronic tracking device against a defendant in the trial room, and the trial court tried jointly with the defendant's case, and the judgment of the court below should be sentenced simultaneously with the judgment of the defendant's case (Article 9 (8) of the Act on Probation and Electronic Monitoring, etc. of Specific Criminal Offenders), so the judgment of the court below cannot be maintained as it is.

3. In conclusion, the judgment of the court below is reversed in accordance with Article 364(2) of the Criminal Procedure Act without examining the grounds for appeal by the defendant and the prosecutor, on the ground that the above grounds for an ex officio reversal exist, and the judgment below is reversed, along with the case in which the prosecutor requested to attach an attachment order requested

【Grounds for the judgment of multiple times】 Criminal facts committed by the defendant and the person subject to the request for attachment order (hereinafter “defendants”) recognized by the court in light of the facts constituting the crime and the grounds for the attachment order are as stated in the corresponding column of the judgment of the court below. Thus, it is accepted in accordance with Article 369 of the Criminal Procedure Act and the facts constituting the grounds for

[Facts that cause an attachment order] The Defendant committed a sexual crime against dementia patients who are vulnerable to the crime while attaching an electronic tracking device during the period of repeated crime due to rape, injury, etc., such as the criminal records of the lower judgment, and is likely to recommit a sexual crime.

Summary of Evidence

Criminal facts of the defendant and the defendant.

arrow