beta
(영문) 대법원 2015.01.29 2014도15836

준강간등

Text

The appeal is dismissed.

Reasons

The grounds of appeal are examined.

1. Examining the reasoning of the lower judgment in light of the records, it is justifiable for the lower court to have rejected the argument of the Defendant and the person requesting an attachment order (hereinafter “Defendant”) regarding the mental and physical disorder based on the circumstances in its reasoning, and contrary to what is alleged in the grounds of appeal, the lower court did not err by failing to exhaust all necessary deliberations regarding the mental and physical disorder or by misapprehending

Other grounds of appeal are not legitimate grounds of appeal under Article 383 of the Criminal Procedure Act.

2. The court below is just in maintaining the judgment of the court of first instance ordering the defendant to attach an electronic tracking device for seven years, and there is no error of law as alleged in the grounds of appeal.

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