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(영문) 대법원 2016.07.14 2016도5060

준강간치상등

Text

All appeals are dismissed.

Reasons

The grounds of appeal are examined.

1. Examining the evidence duly admitted by the first instance court, which maintained the reasoning of the lower judgment in relation to the Defendant case, the lower court was justifiable to have found the Defendant guilty of all the charges of this case on the grounds indicated in its reasoning. In so doing, the lower court did not err by failing to exhaust all necessary deliberations, as alleged in the grounds of appeal, by exceeding the bounds of the principle of free evaluation of evidence against logical and empirical rules

2. Examining the reasoning of the lower judgment in light of the evidence duly admitted by the first instance court, which maintained the reasoning of the lower judgment with respect to the claim for attachment order, there is a risk of recidivism and recidivism of sexual crime against the Defendant and the person who requested the attachment order, on the grounds indicated in its reasoning

In light of the above, it is justifiable to maintain the first instance judgment ordering the attachment of an electronic tracking device for a period of ten years, and there is no error 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.