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(영문) 대법원 2016.04.15 2016도1615
성폭력범죄의처벌등에관한특례법위반(강간등상해)
Text

All appeals are dismissed.

Reasons

The grounds of appeal are examined.

1. According to the records on the Defendant case, the first instance court and the person who requested an attachment order (hereinafter “Defendant”) mitigated the punishment due to mental and physical weakness on the instant criminal facts on the ground of the mental illness of the Defendant and the person who requested the attachment order (hereinafter “Defendant”), and the lower court upheld the first instance judgment as it is.

Therefore, the argument that there is an error in the court below's failure to reduce mental and physical weakness cannot be a legitimate ground for appeal.

2. Examining the reasoning of the lower judgment regarding a request for attachment order in light of the records, the lower court, on the grounds stated in its reasoning, has the risk of recidivism and recidivism of sexual crimes against the Defendant

Recognizing the protection and observation of specific criminal offenders and the proviso to Article 9(1)1 and the proviso to Article 9(1) of the Act on the Electronic Monitoring, Etc., it is justifiable to maintain the judgment of the first instance that ordered the attachment of an electronic tracking device within the period of time.

There is no error of law 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.

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