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(영문) 대법원 2013.03.14 2012도14640
아동ㆍ청소년의성보호에관한법률위반(음란물제작ㆍ배포등)등
Text

All appeals are dismissed.

Reasons

The grounds of appeal are examined.

1. According to the records of the case brought an appeal against the judgment of the court of first instance, the defendant and the person to whom the attachment order was requested (hereinafter “defendants”) asserted misunderstanding of the legal principles as to the period of filing an appeal and mistake of facts together with the unfair sentencing as the grounds for appeal, but withdrawn the grounds for appeal for mistake of facts on the first trial date of the original instance, and only left the grounds for unfair sentencing as grounds for

In such a case, the argument that the judgment of the court below erred by mistake of facts cannot be a legitimate ground for appeal.

In addition, even if examining records, it cannot be deemed that there is any gross mistake of facts affecting the judgment, contrary to the allegations in the grounds of appeal.

In addition, examining various circumstances, such as the age, character, intelligence and environment of the defendant, and the motive, means and consequence of each of the crimes in this case, and the circumstances after the crime, etc., the determination of the sentence by the court below that sentenced the defendant to 13 years of imprisonment is extremely unfair even if considering the circumstances asserted by the defendant and the public defender.

2. As to the request for attachment order, the argument that the attachment order of an electronic tracking device is unlawful is not a legitimate ground of appeal, as it is alleged in the ground of appeal by the defendant as the ground of appeal or as not being subject to a judgment ex officio by the court below, and it is not a legitimate ground of appeal, and even upon examining the record, it cannot be viewed that there is any illegality in the court below's measure maintaining the first instance judgment that ordered the attachment order of an electronic tracking device for 15 years. Thus, the argument

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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