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(영문) 서울고등법원 2020.07.23 2020노987
강제추행
Text

The judgment below

The remainder except for the part for which the attachment order is requested shall be reversed.

A fine shall be imposed on the defendant 7,000.

Reasons

1. The lower court sentenced the Defendant to a conviction for a prosecuted case, dismissed the prosecutor’s request regarding a request for attachment order, and sentenced the Defendant to probation ex officio pursuant to Article 21-3(2) of the Act on Probation and Electronic Monitoring, Etc. of Specific Criminal Offenders (hereinafter “Electronic Monitoring Act”), and appealed only by the Defendant.

Therefore, according to Articles 9(8) and 21-8 of the Electronic Monitoring Act, the scope of the trial of this court, notwithstanding the part on the defendant's case and the ex officio part on probation order, if the defendant files an appeal against the part on the defendant's case among the judgment below, the part on the case on the request for attachment order or the part on the request for probation order, shall be deemed as filing an appeal. It is reasonable to view the part on probation order issued by the court ex officio pursuant to Article 21-3(2) of the Electronic Monitoring Act as well.

Therefore, the court below's decision on probation order against the defendant in this case is deemed to have filed an appeal.

limited to this section.

2. The sentencing of the lower court is too unreasonable because of the gist of the grounds for appeal.

3. The crime of this case is acknowledged that the defendant committed the crime of this case at a governmental district court on June 28, 2018, where he was sentenced to a suspended sentence of two years for a crime of violation of the Act on the Protection of Children and Juveniles against Sexual Abuse (Rape, etc.) and was sentenced to a suspended sentence of three years for a period of suspension of execution.

However, the defendant.

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