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(영문) 대구고등법원 2013.07.24 2013노189
강제추행등
Text

Defendant

In addition, the appeal by the person who requested the attachment order is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The lower court’s punishment (two years of imprisonment and five years of disclosure of information) on the part of the Defendant case is too unreasonable.

B. It is unreasonable for the lower court to order the Defendant and the respondent for the attachment order (hereinafter “Defendant”) to attach an electronic tracking device for seven years.

2. Determination

A. As shown in the result of the trial of sentencing on the part of the defendant's case, ① the defendant was sentenced to imprisonment for a maximum of three years with prison labor for a criminal act committed by force in neighboring mountain or elementary school playgrounds, and the judgment became final and conclusive, but the execution of the punishment was paroled upon the defendant. However, immediately after the remaining term of punishment is over, the defendant was sentenced to an order to attach an electronic tracking device for 2 years in imprisonment with prison labor for an indecent act in an apartment elevator, and the judgment became final and conclusive on December 16, 2012, and the execution of the punishment was completed on December 20, 2012. It is deemed that the defendant's sexual crime still was less likely to be subject to punishment than 5 days after viewing his/her musical performance, who was living in the Korea Rehabilitation Corporation because there was no address after the release, and thus, it is difficult for the defendant to have committed a sexual crime against himself/herself even if he/she had an electronic tracking device attached thereto.

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