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(영문) 대법원 2014.07.24 2014도6509
아동ㆍ청소년의성보호에관한법률위반(강제추행)등
Text

All appeals are dismissed.

Reasons

The grounds of appeal are examined.

1. First, we examine the accused case;

A. Examining the reasoning of the lower judgment in light of the evidence duly admitted by the lower court as to the grounds of appeal by the Defendant and the person against whom the attachment order was requested (hereinafter “Defendant”), the lower court is justifiable to have found the Defendant guilty of both the charge of indecent act by compulsion among the facts charged in the instant case and the violation of the Act on the Protection of Children and Juveniles against Sexual Abuse against Victims E and G on the grounds stated in its reasoning. In so doing, contrary to what is alleged in the grounds of appeal, there were no errors by misapprehending the logical and empirical rules and by misapprehending

B. Examining the reasoning of the judgment of the court below in light of the records, the court below reversed the judgment of the court of first instance which found the defendant guilty on the ground that the violation of the Act on the Protection of Children and Juveniles against Sexual Abuse against Sexual Abuse against the victim D among the facts charged in the instant case constitutes a case where there is no proof of criminal facts, and it is just to reverse the judgment of the court below, and contrary to the allegations in the grounds of appeal, there were no errors by exceeding the bounds of the principle of logic and experience

2. The following shall be deemed to apply for an attachment order:

The judgment below

Examining the reasoning in light of the record, the court below is just in ordering the defendant to attach an electronic tracking device for three years, considering that the defendant is in danger of recidivism of sexual crime and recidivism, and there is no violation of law as alleged in the ground 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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