성폭력범죄의처벌등에관한특례법위반(장애인위계등간음)등
All appeals are dismissed.
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’s judgment that found the Defendant guilty of violating the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes among the facts charged in the instant case (e.g.
As alleged in the grounds of appeal, the court below did not err by exceeding the bounds of the principle of free evaluation of evidence against logical and empirical rules, or by misapprehending the meaning of mental disability or by misapprehending the legal principles on power.
2. Examining the reasoning of the lower judgment in light of the evidence duly admitted by the first instance court, which maintained the reasoning of the lower judgment regarding the request for attachment order, the lower court is justifiable in maintaining the first instance judgment ordering the Defendant and the person who requested the attachment order to attach an electronic tracking device for five years by deeming that the risk of recidivism of sexual crime and recidivism exists, on the grounds as stated in its reasoning, and there is no error
3. Therefore, all appeals are dismissed. It is so decided as per Disposition by the assent of all participating Justices on the bench.