아동ㆍ청소년의성보호에관한법률위반(강제추행)
All appeals are dismissed.
The grounds of appeal are examined.
1. Examining the evidence duly adopted and examined by the lower court and the first instance court as to the Defendant case, the lower court’s determination that all of the facts charged of this case is guilty on the grounds indicated in its reasoning is justifiable.
There is no violation of law of free evaluation of evidence against logical and empirical rules.
In addition, examining the circumstances revealed in the records, such as the background leading up to each of the crimes in this case, the method of crime, the behavior of the defendant before and after the crime, and the circumstances after the crime, it is not recognized that the defendant was in a state of mental disorder at the time of each of the crimes
Although the reasoning of the judgment of the court below is somewhat inappropriate, the conclusion that the defendant did not recognize the mental disorder is just and there is no error affecting the judgment.
In addition, according to Article 383 subparagraph 4 of the Criminal Procedure Act, only in cases where death penalty, life imprisonment, or imprisonment or imprisonment without prison labor for more than ten years is imposed, an appeal on the grounds of unfair sentencing
In this case where a more minor sentence is imposed against the defendant, the argument that the amount of punishment is unreasonable is not a legitimate ground for appeal.
2. As to the request for attachment order, the court below is just to order the person subject to attachment order to attach an electronic tracking device for a period of four years, considering the following circumstances comprehensively considering the age, happiness and environment of the person subject to the request for attachment order, the motive, means and consequence of each of the crimes in this case, and the circumstances after the crime. 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.