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(영문) 대법원 2020.08.20 2020도7492

성폭력범죄의처벌및피해자보호등에관한법률위반(절도강간등)등

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All appeals are dismissed.

Reasons

The grounds of appeal are examined.

1. According to Article 383 subparag. 4 of the Criminal Procedure Act, an appeal against a prosecuted case on the grounds of unfair sentencing is allowed only in cases where death penalty, life imprisonment, or imprisonment or imprisonment without prison labor for not less than ten

Defendant

In this case where a person who requested an attachment order (hereinafter referred to as "defendant") is sentenced to a more minor punishment, the argument that the punishment is too unreasonable is not a legitimate ground for appeal.

2. Examining the reasoning of the lower judgment regarding the request for attachment order in light of the records, the lower court’s order to attach an electronic tracking device to the Defendant for a period of ten years, considering the risk of recidivism against sexual crimes, is justifiable, and there is no error as otherwise 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.