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(영문) 대법원 2014.06.12 2014도3746
아동ㆍ청소년의성보호에관한법률위반(강제추행)등
Text

All appeals are dismissed.

Reasons

The grounds of appeal are examined.

1. According to the records as to the accused case, the accused and the respondent for the attachment order (hereinafter “defendants”) appealed against the judgment of the first instance, and asserted mistake of facts or misapprehension of legal principles as well as unfair sentencing as the grounds for appeal, but at the first and third trial of the lower court, withdrawn the grounds for appeal of mistake of facts and misapprehension of legal principles as alleged, thereby leaving only the grounds for appeal as the grounds for appeal.

In such a case, an appeal is not allowed to be filed with the Supreme Court on the ground of a new argument that the lower court erred by mistake of facts and misapprehension of legal principles on the specification of charges

Meanwhile, among the grounds of appeal, the argument that the lower court did not reflect the special mitigation factors in the sentencing guidelines is ultimately attributable to the point of unfair sentencing.

However, according to Article 383 subparagraph 4 of the Criminal Procedure Act, an appeal on the grounds of unfair sentencing may be filed only where the court below rendered a judgment of death penalty, imprisonment with or without prison labor for life or for not less than ten

Therefore, in this case where a more minor punishment is imposed on the defendant, an appeal is not allowed to be filed with the Supreme Court for the reason that the amount of punishment is unreasonable.

2. In light of the following circumstances in light of the Defendant’s character, conduct, age, family environment, the background, means, and consequence of the instant crime, and the circumstances after the crime, the lower court’s order to attach an electronic tracking device is acceptable, deeming that the Defendant is likely to recommit a crime.

Contrary to the allegations in the grounds of appeal, there is no error.

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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