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(영문) 대법원 2016.11.24 2016도14821

성폭력범죄의처벌등에관한특례법위반(장애인준강제추행)등

Text

All appeals are dismissed.

Reasons

The grounds of appeal are examined.

1. Examining the evidence duly admitted by the first instance court, which maintained the reasoning of the lower judgment, in light of the evidence duly admitted by the lower court, the lower court is justifiable to have determined that the Defendant was guilty of violating the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes among the facts charged in the instant case, and contrary to what is alleged in the grounds of appeal, there were no errors of misapprehending the legal principles of free evaluation

2. Examining the reasoning of the lower judgment regarding the request for attachment order in light of the record, it is justifiable for the lower court to maintain the first instance judgment ordering the Defendant and the respondent for attachment order to attach an electronic tracking device for three years on the ground as stated in its reasoning, and there is no violation of law as otherwise alleged in the grounds of appeal.

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