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(영문) 대법원 2014.08.20 2014도7267
아동ㆍ청소년의성보호에관한법률위반(강간)등
Text

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, the lower court is justifiable to have found the Defendant guilty of having committed sexual intercourse against the Act on the Protection of Children and Juveniles against Sexual Abuse 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 bounds of the principle of free evaluation of evidence in violation of logical and empirical rules

In addition, under Article 383 subparagraph 4 of the Criminal Procedure Act, only in cases where death penalty, life imprisonment, or imprisonment with or without labor for not less than ten years has been imposed, an appeal on the grounds of unfair sentencing is permitted. As such, in this case where the defendant and the person requesting an attachment order (hereinafter referred to as the "defendant") were sentenced to a lower sentence, the argument that the amount of punishment is unreasonable is not a legitimate

2. Examining the reasoning of the lower judgment in light of the evidence duly admitted by the lower court with respect to the request for attachment order, it is justifiable that the lower court ordered the Defendant to attach an electronic tracking device for 20 years by deeming that the risk of recidivism of sexual crime and recidivism exists, on the grounds as stated in its reasoning, and there is no violation

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

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