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(영문) 서울고등법원 2018.02.01 2017노3497
성폭력범죄의처벌등에관한특례법위반(13세미만미성년자위계등추행)등
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The judgment of the court below is reversed.

The case is remanded to the Suwon District Court's Division of the common housing site cost agreement.

Reasons

The defendant and the person who requested an attachment order (hereinafter referred to as "defendant") shall not commit an indecent act against the victim or engage in similar act with the victim, claiming that the defendant and the person who requested the attachment order (hereinafter referred to as "defendants").

The sentence of the lower court's wrongful assertion of sentencing (7 years of imprisonment, 5 years of disclosure of information, 6 years of attachment of location tracking device, 6 years of observance) is too unreasonable.

Before determining the grounds for appeal by the defendant's ex officio, this paper examines the legitimacy of the procedure for confirming the will of the people's participation in the trial.

The citizen participatory trial is a system introduced to enhance the democratic legitimacy and trust of justice [the Act on Citizen Participatory Trials (hereinafter referred to as the "Act on Citizen Participatory Trials").

Article 1) Article 1 of the Act provides that any person has the right to a citizen participation trial (Article 3 of the Act on the participatory Trial). In principle, a case subject to a citizen participation trial is conducted according to the citizen participation trial procedure. However, where a defendant does not want a citizen participation trial or a court makes a decision to exclude on the grounds provided for in each subparagraph of Article 9(1) of the Act on the participatory Trial, the citizen participation trial shall not be held exceptionally (Articles 5(1) and 5(2) of the Act on the participatory Trial). Whether a citizen participation trial is held or not shall be decided first by the defendant’s intent. As such, if a case subject to a citizen participation trial is instituted, the court must confirm the defendant’s intention in writing, etc. (Article 8(1) of the Act on the participatory Trial). To this end, the defendant or his defense counsel must reverse the citizen participation trial procedure, submission of documents on the part of the defendant or his defense counsel under Article 8(2) of the Act on the part of the National Participation Trial, and other guidelines for the citizen participation.

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