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(영문) 대법원 2018.06.19 2018도5437

성폭력범죄의처벌등에관한특례법위반(주거침입준강간)등

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All appeals are dismissed.

Reasons

The grounds of appeal are examined.

1. The court of final appeal may investigate and determine only to the extent of the grounds for appeal by reason of appeal. As such, the grounds for appeal should clearly state the grounds for appeal in detail as to the grounds for appeal.

Therefore, unless the reason for final appeal does not clearly state such specific and explicit reason for final appeal, it cannot be deemed that a legitimate ground for final appeal has been submitted (see Supreme Court Decision 99Do5513, Apr. 21, 200). The Defendant merely stated in the final appeal notice only to the effect that “the Defendant files a final appeal on the ground of misunderstanding the legal principles, etc.” and did not clearly state the specific reason for violating the law, and thus, it cannot be deemed that a legitimate ground for final appeal has been submitted.

2. Examining the reasoning of the lower judgment regarding the request for attachment order in light of the record, the lower court, based on its stated reasoning, has the risk of recommitting the Defendant.

In light of the above, it is just to maintain the first instance judgment ordering the attachment of an electronic tracking device for a period of 20 years, and there is no violation of law as 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.