logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울고등법원 2013.05.10 2013노933
준강제추행등
Text

All judgment of the court below shall be reversed.

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

disclosure information about the accused.

Reasons

1. Summary of grounds for appeal;

A. Defendant and the person to whom the attachment order was requested (1) The court below held that Defendant and the person to whom the attachment order was requested (hereinafter “Defendant”).

2) It is unreasonable that the first instance court ordered the Defendant to attach a location tracking device for 6 years. The first instance court's order to attach an electronic tracking device to the Defendant is unreasonable. The first instance court's order to attach an electronic tracking device for 6 years is unreasonable.

B. The sentence imposed by the first instance court on the Defendant is too unhued and unreasonable.

2. Ex officio determination

A. The consolidated hearing of this court decided to hold concurrent trials with each appeal case against the judgment of the court of first instance against the judgment of the court of second instance. Each of the offenses against the defendant in the first instance and the second instance are concurrent offenses under the former part of Article 37 of the Criminal Act and must be sentenced to a single sentence within the scope of a limited term of punishment under Article 38(1) of the Criminal Act. In this regard, the part of the judgment of the court of first instance and the judgment of the court of second instance cannot be exempted from all reversal.

B. In light of the relevant provisions of the Act on the Probation and Electronic Monitoring, etc. of Specific Criminal Offenders as to the attachment order case, where the judgment of the court below on the prosecuted case is unlawful and the part concerning the prosecuted case among the judgment below is reversed, the part concerning the request for attachment order which shall be examined together with the judgment and the judgment shall not be reversed.

(2) As seen earlier, the lower court’s judgment is reversed in its entirety pursuant to Article 364(2) of the Criminal Procedure Act and Article 35 of the Act on Probation and Electronic Monitoring, Etc. of Specific Criminal Offenders, on June 28, 2012 (see, e.g., Supreme Court Decisions 201Do5291, Jun. 28, 2012; 201Do112, Jun. 3, 2012).

Criminal facts

and facts of the cause of the request for attachment order, evidence.

arrow