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(영문) 대법원 2019.07.11 2019도6821
아동ㆍ청소년의성보호에관한법률위반(강간)
Text

All appeals are dismissed.

Reasons

The grounds of appeal are examined.

1. The lower court convicted the Defendant of the instant facts charged.

The judgment below

Examining the reasoning in light of the 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.

The assertion that the lower court erred by violating Article 51 of the Criminal Act, which stipulates the conditions for sentencing, constitutes an allegation of unfair sentencing.

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 may be filed on the ground

Defendant

In this case where the defendant subject to the attachment order (hereinafter referred to as the "defendant") was sentenced to a more minor punishment, the argument that the above assertion or punishment is too unreasonable is not a legitimate ground for appeal.

2. Examining the reasoning of the lower judgment regarding the request for attachment order, in light of the record, the lower court maintained the first instance judgment ordering the Defendant to attach an electronic tracking device for ten years, deeming that there is a risk of repeating sexual crimes.

The judgment below

Examining the reasoning in light of the relevant legal principles and records, the lower court did not err by misapprehending the legal doctrine on risk of recommitting sexual crimes, contrary to what is alleged in the grounds of appeal

3. The Defendant’s final appeal is dismissed in its entirety as it is without merit. It is so decided as per Disposition by the assent of all participating Justices on the bench.

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