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(영문) 서울북부지방법원 2018.05.18 2017노1507
특정범죄자에대한보호관찰및전자장치부착등에관한법률위반
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. In a case where a prison officer received education to prevent sexual assault by a prison officer C, the Defendant took education to prevent sexual assault for 100 hours after being released from prison, and took education to prevent sexual assault, and did not receive a sexual assault treatment program after being released from prison. As such, there was a justifiable reason for the Defendant to have caused such mistake.

Although it is reasonable to see that the court below judged otherwise and sentenced the defendant guilty.

B. The sentence of the lower court that is unfair in sentencing (2 million won) is too unreasonable.

2. The lower court rejected the Defendant’s assertion in detail, on the grounds for appeal of this case, on the ground that the Defendant alleged as the grounds for appeal of this case in the lower court, and on the grounds that it stated the Defendant’s assertion and its determination in detail. In addition to the circumstances described in the lower court’s reasoning, the following circumstances acknowledged by the lower court and the lower court’s duly adopted and examined evidence, namely, ① the Defendant explained that sexual assault prevention programs conducted in prisons and sexual assault treatment programs conducted in the protective observation office by the court’s ruling were separate education, and issued to the Defendant a document to urge the Defendant to complete sexual assault treatment programs (the fourth page of evidence record). ② Nevertheless, the Defendant did not confirm the above contents, and expressed that the Defendant did not undergo a separate treatment program after being released from prisons if he took a training course conducted in prison C without being able to undergo a separate treatment program.

According to the statement of inquiry about the facts of the Ansan prison, the defendant received sexual assault in the Ansan prison.

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