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(영문) 서울고등법원 2013.12.20 2013노3386
사기등
Text

All judgment of the court below shall be reversed.

A defendant shall be punished by imprisonment for three years.

information about the defendant for a period of four years.

Reasons

1. Summary of grounds for appeal;

A. Defendant and the respondent for an attachment order (the first instance judgment) are mentally ill-incompetents (the Defendant and the respondent for an attachment order (hereinafter “Defendant”)

(2) The judgment of the court below on the grounds that the punishment of unreasonable sentencing (as to the judgment of the court below No. 1 and No. 2) is too unreasonable and unfair.

3) The illegality of the attachment order (as to the judgment of the court of first instance) is unreasonable to order the Defendant to attach an electronic tracking device even though the Defendant did not pose a risk of recommitting a sexual crime, and the period is too long and is thus unreasonable. B. The judgment of the court below on unreasonable sentencing (as to the judgment of the court of first instance) is too uneasible and unfair

2 The period of attachment of the lower court is too short and unfair.

2. Determination

A. Part 1 of the case against the defendant in the court below's judgment Nos. 1 and 2 after the court of the court of the court below rendered a judgment separately to the defendant, and the defendant filed an appeal against the judgment of the court of first instance, and the court of first instance decided to hold a joint hearing on each of the above appeals cases. Since each of the crimes against the defendant in the first and second trials against the defendant is concurrent crimes under the former part of Article 37 of the Criminal Act and should be sentenced to a single sentence within the scope of a limited term of punishment under Article 38 (1) of the Criminal Act, the part against the defendant in the judgment of the court of first instance and the judgment of the court of second instance cannot be exempted from reversal. However, even if the above ground for ex officio reversal exists, the argument about the judgment of the court of first instance regarding the defendant in the judgment of the court of first instance is still subject to the judgment of the court of this court, and it should be examined. 2) According to the evidence duly adopted and investigated by the court below as to the defendant's claim of mental disability of the defendant in this case.

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