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(영문) 서울남부지방법원 2017.04.13 2017노340
특수감금등
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for a term of one year and two months.

Seized evidence shall be confiscated.

Reasons

1. Progress of litigation;

A. The lower court found the Defendant guilty of the remainder of the facts charged in the instant case, excluding the intrusion upon residence, and sentenced the Defendant to imprisonment with prison labor for one year and confiscation, and to order the Defendant to complete a sexual assault treatment program for 40 hours.

B. The Defendant and the public prosecutor filed an appeal against the lower judgment on the grounds of mistake of facts (as to the crime of special confinement, the public prosecutor, with regard to the crime of intrusion upon residence), and of unfair sentencing. The judgment prior to the return was accepted by the public prosecutor’s assertion of mistake in the facts, and found the Defendant guilty of all the facts charged in the instant case, and sentenced the Defendant to confiscation and confiscation, and the order to complete the sexual assault treatment program for a period of 40 hours.

(c)

Article 45(4) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (hereinafter “Revised Sexual Crimes Punishment Act”) amended by Act No. 14412, Dec. 20, 2016, the Defendant filed a final appeal against the judgment prior to remand on the grounds of misunderstanding of legal principles and misunderstanding of sentencing, and the final appeal court reversed and remanded the judgment by deeming that it is unnecessary to determine whether the period of personal information registration against the Defendant is unfair by the sentence of the lower judgment on the grounds that it is deemed that it is unfair to determine the period prescribed in each subparagraph of Article 45(1) of the same Act by the sentence of the lower judgment, and thus, it is unnecessary to determine whether the period of personal information registration for the Defendant is the longer short-term period of registration during each of the following periods.

2. Summary of reasons for appeal;

A. Defendant 1’s misunderstanding of the facts (the part concerning special confinement as indicated in the judgment of the court below) was only a flag in a free atmosphere with the victim and the brusor at the time of the instant case, and did not limit the victim to prevent the victim from going out of the Defendant’s house.

2) The sentence imposed by the lower court against the Defendant (after imprisonment with prison labor for one year, confiscation, and sexual assault treatment programs for 40 hours).

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