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(영문) 대법원 2017.10.26 2017도11685

특정범죄자에대한보호관찰및전자장치부착등에관한법률위반

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The appeal is dismissed.

Reasons

The grounds of appeal are examined.

Examining the evidence duly adopted and examined by the lower court and the first instance court, the lower court was justifiable to have convicted of the instant facts charged on the grounds stated in its reasoning.

There is no error of exceeding the bounds of the principle of free evaluation in violation of logical and empirical rules.

In addition, since Articles 14(1) and 38 of the Act on the Protection and Observation of Specific Criminal Offenders and the Electronic Monitoring, etc. do not violate the excessive prohibition principle or the principle of clarity of statutoryism, etc., the grounds for appeal that the lower court erred by applying the unconstitutional law cannot be accepted.

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