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(영문) 대법원 2013.10.11 2013도9687

성폭력범죄의처벌등에관한특례법위반(주거침입강간등)등

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All appeals are dismissed.

Reasons

The grounds of appeal are examined.

1. Examining the reasoning of the lower judgment in light of the records, the lower court’s rejection of the Defendant and the person requesting the attachment order (hereinafter “Defendant”)’s mental and physical disorder based on the circumstances indicated in its reasoning is justifiable, and there is no error of misconception of facts as otherwise alleged in the grounds of appeal.

2. Examining the reasoning of the lower judgment in light of the evidence duly admitted by the lower court with respect to the request for attachment order, the lower court is justifiable to order the Defendant to attach an electronic tracking device for ten (10) years by deeming that the risk of recidivism of sexual crimes and recidivism exists, on the grounds as stated in its reasoning, and there is no

3. Therefore, all appeals are dismissed. It is so decided as per Disposition by the assent of all participating Justices on the bench.