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(영문) 대법원 2018.05.30 2018도5150

성폭력범죄의처벌등에관한특례법위반(특수강도강제추행)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 record, the lower court’s rejection of the Defendant and the requester for an attachment order (hereinafter “Defendant”)’s mental and physical disorder is justifiable and did not err as otherwise alleged in the grounds of appeal.

Examining various circumstances, including the Defendant’s age, sex, intelligence and environment, relationship with the victim, motive, means and consequence of the commission of the crime, and circumstances after the commission of the crime, the lower court’s sentencing, which maintained the first instance judgment that sentenced 12 years to imprisonment with prison labor, is extremely unfair, even in light of the circumstances asserted in the grounds of appeal.

2. The lower court finds that the Defendant is likely to recommit a sexual crime.

In the light of this, the first instance judgment ordering the attachment of an electronic tracking device during the period of 15 years was maintained.

The judgment below

Examining the reasoning of the record in light of the record, the lower court did not err by misapprehending the legal doctrine on the risk of recommitting a sexual crime, 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.