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(영문) 대법원 2015.04.23 2015도2888
강제추행미수
Text

All appeals are dismissed.

Reasons

The grounds of appeal are examined (to the extent of supplement in case of supplemental appellate briefs not timely filed).

1. Examining the evidence duly adopted and examined by the lower court and the first instance court as to the prosecuted case, the lower court is justifiable to have determined that all of the facts charged of this case is guilty on the grounds indicated in its reasoning.

There is no violation of the principle of free evaluation of evidence against logical and empirical rules.

In addition, 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 more than ten years is imposed, an appeal on the grounds of unfair sentencing

In this case where a more minor sentence is imposed against the defendant, the argument that the amount of punishment is unreasonable is not a legitimate ground for appeal.

2. As to the case of the request for attachment order, the court below is just to order the person subject to the request for attachment order to attach an electronic tracking device for three years by deeming that the person subject to the request for attachment order has the risk of recidivism of sexual crime and recidivism, and there is no violation of law as otherwise 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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