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(영문) 대법원 2019.07.11 2019도5961

성폭력범죄의처벌등에관한특례법위반(13세미만미성년자강간)등

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All appeals are dismissed.

Reasons

The grounds of appeal are examined (to the extent of supplement in case of supplemental appellate briefs not timely filed).

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") has been sentenced to a more minor punishment, the argument that the amount of punishment is inappropriate shall not be a legitimate ground for appeal.

2. In light of the Defendant’s age, happiness and environment before the Defendant’s age, motive and consequence of each of the crimes of this case, and circumstances revealed in the records following the crime, it is justifiable for the lower court to maintain the first instance judgment ordering the Defendant to attach an electronic tracking device for 20 years on the ground that the risk of recidivism of a sexual crime exists, on the grounds stated in its reasoning.

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.