logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대법원 2016.12.15 2016도15390
성폭력범죄의처벌등에관한특례법위반(특수강간)등
Text

The appeal is dismissed.

Reasons

The grounds of appeal are examined.

1. Of the grounds of appeal, the argument that the judgment of the court below was erroneous in misunderstanding of facts or misunderstanding of legal principles as to the prosecuted case is alleged in the ground of appeal by the defendant and the respondent for attachment order (hereinafter referred to as "defendant") as the grounds of appeal, or the court below did not consider it as the subject of judgment ex officio, and

In addition, the argument that the lower court’s determination of sentencing erred in violation of the statutes on the interpretation and application of Article 51 of the Criminal Act constitutes the allegation of unfair sentencing.

However, under 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 has been imposed, an appeal on the grounds of unfair sentencing is allowed. Thus, in this case where a more minor sentence has been imposed on the defendant, the argument that the amount of the punishment is unreasonable, including

In addition, the judgment of the court of first instance that maintained the judgment of the court of first instance that imposed an order to disclose or notify personal information for five years on the ground that there are no special circumstances in which the defendant should not disclose or notify personal information.

2. On the grounds indicated in its reasoning, the lower court upheld the first instance judgment ordering the Defendant to attach an electronic tracking device for 20 years, deeming that the Defendant is likely to recommit sexual assault crimes.

The judgment below

Examining the reasoning in light of the evidence duly admitted, the lower court did not err in its judgment as otherwise alleged in the grounds of appeal.

3. Therefore, the appeal is dismissed. It is so decided as per Disposition by the assent of all participating Justices on the bench.

arrow