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The appeal is dismissed.
Reasons
The grounds of appeal are examined.
1. Examining the reasoning of the lower judgment in light of the evidence duly admitted by the lower court as to the Defendant case, the lower court is justifiable to have found the Defendant guilty of violating the Act on the Punishment of Acts, Etc. of Arranging Sexual Traffic on August 7, 2016 among the facts charged in the instant case on the grounds stated in its reasoning. In so doing, contrary to what is alleged in the grounds of appeal, the lower court did not err by misapprehending the fact beyond the bounds of the principle of free evaluation of evidence or by misapprehending the relevant
The allegation that there is an error of mistake in the lower judgment as to the violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (Rape with Persons with Disabilities) is alleged by the Defendant and the person requesting an attachment order (hereinafter referred to as “Defendant”) as the ground for appeal, or by the lower court’s ex officio decision that there is no ground for appeal that the Defendant and the person requesting an attachment order (hereinafter referred to as
In addition, pursuant to Article 383 subparagraph 4 of the Criminal Procedure Act, only in cases where death penalty, life imprisonment, or imprisonment with or without prison labor for not less than ten years has been imposed, an appeal may be filed on the grounds of unfair sentencing. As such, in this case where a more minor sentence has been imposed against the defendant, the argument that the amount of punishment is unfair is not a legitimate
2. Examining the evidence duly admitted by the first instance court with respect to the claim for attachment order, in light of the evidence that the lower court maintained, the lower court is likely to recommit a sexual crime against the Defendant.
Therefore, it is just to maintain the first instance judgment ordering the attachment of an electronic tracking device for a period of ten years, and there is no violation 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.