(영문) 서울고등법원 2013.12.19 2013노3318 | 리걸엔진

beta

본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.

Text

Reasons

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 서울고등법원 2013.12.19 2013노3318

강제추행등

Text

The judgment below

The part of the defendant's case shall be reversed.

A defendant shall be punished by imprisonment for not less than one year and six months.

except that this judgment.

Reasons

1. Summary of grounds for appeal;

A. The sentence (two months of imprisonment and two years of suspended execution, etc.) imposed by the lower court on the Defendant and the person for whom the attachment order was requested (hereinafter “Defendant”), is deemed unreasonable.

B. It is improper for the court below to dismiss the defendant's request for attachment order even though the defendant's risk of recidivism exists.

2. Determination

A. The first offender who had no record of criminal punishment for the part of the defendant's case, the confession of the crime of this case and reflects his mistake, the victims agreed with the victim H, and the deposit of a certain amount for the victim E, etc. are favorable to the defendant.

However, in full view of the fact that the Defendant committed the instant crime repeatedly against an unspecified victim in apartment complex at night, and that the victims seem to have suffered a considerable mental pain, and all other circumstances revealed in the instant argument, including the Defendant’s age, character and conduct, and environment, the lower court’s punishment is deemed to be too uneasible and unreasonable.

B. As to the part of the case for which the attachment order was requested, the court below dismissed the request for the attachment order of this case under Article 9 (4) 4 of the Act on the Probation and Electronic Monitoring, etc. of Specific Criminal Offenders while rendering a judgment of the probation, and the trial also dismissed the request for attachment order of this case as long as the defendant is sentenced to the suspended sentence. Accordingly, the prosecutor's allegation in this part is without merit.

3. Accordingly, the prosecutor's appeal on the part of the judgment of the court below regarding the defendant's case is with merit, and it is reversed pursuant to Article 364 (6) of the Criminal Procedure Act, and it is again decided as follows after pleading. The prosecutor's appeal on the part of the judgment below regarding the claim for attachment

참조조문

-특정 범죄자에 대한 보호관찰 및 전자장치 부착 등에 관한 법률 제9조 제4항 제4호

-형사소송법 제364조 제6항

유사 판례

-서울고등법원 2020.06.25 2020노305

-서울고등법원 2015.11.26 2015노2684

-대구고등법원 2020.10.14 2020노267

-서울고등법원 2020.07.23 2020노987

-서울고등법원 2019.08.23 2019노1348