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(영문) 대전고등법원 (청주) 2019.01.24 2018노161
성폭력범죄의처벌등에관한특례법위반(주거침입강제추행)등
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than two years and six months.

The information on the accused shall be disclosed for a period of five years.

Reasons

1. The punishment of the court below (referring to an order to attach an electronic tracking device for three years and ten years) against the accused is too heavy or excessively long long, on the summary of the grounds of appeal;

Although the Defendant asserts that “a request is made to withdraw attachment of an electronic device,” the Defendant’s assertion is not accepted, given that the lower court’s comprehensive review of the circumstances acknowledged by the record reveals that the Defendant issued an order to attach an electronic device after deeming that there is a risk of recidivism of a sexual crime, and then, the Defendant’s assertion is justifiable. However, the Defendant’s assertion that the order to attach an electronic device

2. The instant crime committed by the Defendant by intrusion upon the victim’s room, where the Defendant is an employee, and thus, committed an indecent act against the victim who was locked. In light of the circumstances leading up to the instant crime and the method of the commission of the crime, etc., the nature of the crime is not good.

The victim appears to have caused considerable mental impulse and sexual humiliation due to the instant case, and it is necessary to severely punish the Defendant in that he/she committed the instant crime even though he/she had the record of punishment for the same kind of crime.

Furthermore, Article 9(1)1 of the Act on the Probation and Electronic Monitoring, etc. of Specific Criminal Offenders provides that the maximum statutory penalty shall be determined within the scope of “10 to 30 years” in the case of a specific crime, the death penalty or life imprisonment for life, and the attachment order shall be issued by setting the period of attachment. The crime of violating the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes, etc. of Sexual Crimes, which applies to the Defendant, is “a life imprisonment” with the maximum statutory penalty, and it is difficult to view that the ten years of the attachment order imposed by the Defendant is the maximum period of attachment.

However, the defendant is divided in depth and reflects his mistake, and the victim is punished for the defendant by mutual consent with the victim in the original trial.

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