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(영문) 대법원 2013.08.22 2013도7543
아동ㆍ청소년의성보호에관한법률위반(강제추행)등
Text

All appeals are dismissed.

Reasons

The grounds of appeal are examined.

1. According to Article 383 subparag. 4 of the Criminal Procedure Act as to a prosecuted case, an appeal on the grounds of unfair sentencing is allowed only in cases where death penalty, life imprisonment, or imprisonment or imprisonment without prison labor for not less than ten years has been imposed. Thus, the argument that the amount of punishment is unreasonable is not legitimate grounds for appeal.

2. Examining the reasoning of the lower judgment in light of the records, it is justifiable for the lower court to have determined that the Defendant was at risk of repeating a crime and ordered the Defendant to attach an electronic tracking device for five years, and there is no error of law by misapprehending the legal doctrine on the risk of repeating a crime.

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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