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(영문) 대법원 2017.08.29 2017도9749

성폭력범죄의처벌등에관한특례법위반(강간등상해)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 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 charges.

In so determining, the lower court did not err by misapprehending the legal doctrine regarding the causal relationship between the indecent act and the bodily injury, as alleged in the grounds of appeal.

2. Examining the reasoning of the lower judgment regarding the request for attachment order, in light of the record, there is a risk of recommitting a sexual crime against the Defendant and the person who requested the attachment order (hereinafter “Defendant”).

It is reasonable to maintain the judgment of the first instance that ordered the attachment of an electronic tracking device for a period of 20 years.

In so determining, the lower court did not err as alleged in the grounds of appeal.

3. The Defendant’s final 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.