가.성폭력범죄의처벌등에관한특례법위반(강간등상해)나.성폭력범죄의처벌등에관한특례법위반(주거침입준강제추행),부착명령
A. Violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (Rape, etc.)
(b) Violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes;
Quasi-Indecent Act
2017 Before the 2017 Before the filing of a joint attachment order
A
Defendant and the respondent for attachment order
Attorney B, Y
Seoul High Court Decision 2017No733, 2017 Jeonno35 (Consolidated) Decided June 15, 2017
August 29, 2017
All appeals are dismissed.
The grounds of appeal are examined.
1. The defendant case;
Examining the reasoning of the lower judgment in light of the evidence duly admitted by the lower court, the lower court was justifiable to have found the Defendant guilty of violating the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes among the instant facts charged. In so doing, the lower court did not err by misapprehending the legal doctrine on the causal relationship between the indecent act
2. A request for attachment order;
Examining the reasoning of the lower judgment in light of the record, it is justifiable for the lower court to have maintained the first instance judgment ordering the Defendant and the person subject to an attachment order (hereinafter referred to as “defendant”) to attach an electronic tracking device for 20 years, deeming that there is a risk of recommitting a sexual crime. In so determining, the lower court did not err by misapprehending
3. Conclusion
The Defendant’s appeal is dismissed in its entirety as it is without merit. It is so decided as per Disposition by the assent of all participating Justices on the bench.
Justices Kim Jae-sik et al.
Justices Park Young-young
Justices Lee Dong-won
Justices Kim Jae-sik in charge