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(영문) 서울고등법원 2017.04.20 2017노343
살인미수등
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for four years.

Sexual assault against the defendant for 80 hours.

Reasons

1. Progress of litigation;

A. On June 2, 2016, the lower court found the Defendant guilty of violating the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (Attempted Special Rape), attempted fire prevention of the present owner's building, special residential intrusion, and assault, and sentenced the Defendant to the punishment of imprisonment with prison labor for three years, completion of sexual assault treatment programs for 80 hours or more, completion of seized licenses (No. 5), one pest (No. 6), one key (No. 7), and one key (No. 7), and acquitted the Defendant of the attempted murder, and appealed both.

B. On October 7, 2016, the trial prior to remand rejected the Defendant’s assertion of misunderstanding the facts by the prosecutor, and accepted the prosecutor’s assertion of misunderstanding the facts and the facts charged with the alteration thereof, and sentenced the Defendant to the confiscation of imprisonment for four years, completion of sexual assault treatment programs for 80 hours, one seized route (No. 5), one pest (No. 6), one key (No. 7).

On this issue, only the defendant appealed.

(c)

Article 45(1) of the Special Act on the Punishment, etc. of Sexual Crimes provides that unlike the previous provisions, the Supreme Court shall divide the registration period into 30 years (No. 1), 20 years (No. 2), 15 years (No. 3), and 10 years (No. 4) according to Article 6(2) of the Addenda of the same Act, the personal information registration period for the defendant shall be determined by the sentence of the court of first instance in order to determine whether it is unfair to determine the period of time prescribed in each subparagraph of Article 45(1) of the same Act according to the sentence of the court of first instance.

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