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(영문) 대법원 2020.07.29 2020도6504
준강제추행등
Text

All appeals are dismissed.

Reasons

The grounds of appeal are examined.

1. On the grounds indicated in its reasoning, the lower court upheld the first instance judgment that convicted the Defendant of the instant facts charged.

The judgment below

Examining the reasoning in light of the relevant legal principles and evidence duly admitted, the lower court did not err in its judgment by exceeding the bounds of the principle of free evaluation of evidence against logical and empirical rules.

In addition, according to Article 383 subparagraph 4 of the Criminal Procedure Act, only in cases where death penalty, life imprisonment, or imprisonment or imprisonment without prison labor for not less than ten years is imposed, an appeal on the grounds of unfair sentencing

Defendant

In this case where a more minor sentence is imposed on the person subject to the request for attachment order (hereinafter referred to as the "defendant") and the argument that the order of disclosure and notification of personal information are unreasonable is not a legitimate ground for appeal.

2. On the grounds indicated in its reasoning, the lower court maintained the first instance judgment ordering the Defendant to attach an electronic tracking device for five years, deeming that there is a risk of repeating sexual crimes.

In light of the relevant legal principles and records, the lower court did not err in its judgment 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.

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