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(영문) 대구고등법원 2019.09.25 2019노323
강제추행등
Text

1. The part of the judgment below regarding the defendant's case shall be reversed.

2. The defendant shall be punished by imprisonment for one year;

3. The defendant.

Reasons

1. The court below rendered a judgment dismissing the prosecutor’s request regarding the part of the defendant’s case and the part of the case for which the request to attach an attachment order was filed. Since only the defendant appealed, there is no benefit of appeal regarding the part for which the request to attach an attachment

Therefore, notwithstanding Article 9 (8) of the Act on Probation and Electronic Monitoring of Specific Criminal Offenders, the part regarding the request for attachment order is excluded from the scope of the trial of this court.

2. Summary of grounds for appeal;

A. The Defendant, by accompanying the victim to an emergency vehicle intending to assist the victim, took part in the emergency room to arrange the victim’s injuries according to the victim’s horses, and did not cause any indecent act by force against the victim. In the process of taking the victim into consideration, the Defendant only contacted the victim with the victim, and did not cause any indecent act by force.

B. The lower court’s sentence of unreasonable sentencing (one year of imprisonment) is too unreasonable.

3. Determination

A. We examine ex officio prior to the judgment on the grounds for appeal by the defendant for ex officio judgment.

Article 59-3 of the Act on Welfare of Persons with Disabilities, which uniformly regulates employment restrictions on persons with disabilities who were sentenced to punishment for sex offenses against children, juveniles, or adults, was amended by Act No. 15904 on December 11, 2018, and Article 59-1 and (2) of the Act on Welfare of Persons with Disabilities, which stipulates that the period of employment restrictions on welfare facilities for persons with disabilities shall be differentiated for each defendant of each case within the 10-year period, considering the seriousness of each offense and the risk of recidivism, etc. In addition, Article 2 of the Addenda to the Act on Welfare of Persons with Disabilities, which stipulates that the Act on Welfare of Persons with Disabilities, which has been amended by Act No. 15904 on December 11, 2018, shall also apply to persons who have committed sex offenses before June 12, 2019, and who have not been finally and conclusively determined. In this regard, the lower court'

(b).

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