beta
(영문) 대법원 2015.05.28 2015도4415

성폭력범죄의처벌등에관한특례법위반(특수강간)

Text

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’s determination that the instant facts charged were guilty on the grounds stated in its reasoning is justifiable. In so doing, contrary to what is alleged in the grounds of appeal, the lower court did not err by exceeding the bounds of the principle of free evaluation of evidence and exceeding the bounds

2. Examining the reasoning of the judgment below in light of the records, it is just to maintain the judgment of the court of first instance that ordered the defendant and the respondent for an attachment order to attach an electronic tracking device for 20 years, considering that the defendant and the respondent for an attachment order had a risk of recidivism of sexual crime and recidivism, and there is no error of law as otherwise alleged in the grounds of

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