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(영문) 대법원 2019.05.16 2019도3257
성폭력범죄의처벌등에관한특례법위반(특수준강간)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, in a case involving a prosecuted case, where death penalty, life imprisonment, or imprisonment or imprisonment without prison labor for not less than ten years is imposed, an appeal on the grounds of unfair sentencing is permitted. As such, in the instant case where the defendant and the person requesting an attachment order (hereinafter “defendant”) were sentenced to a more minor sentence, the argument that the punishment is too unreasonable is not a legitimate

In addition, examining the reasoning of the judgment below in light of the records, it is just that the court below ordered the defendant to disclose and notify personal information for five years, and to impose an employment restriction order for ten years, and there is no error as alleged in the

Meanwhile, even if examining the record, the lower court did not err by violating the principle of presumption of innocence, as alleged in the grounds of appeal.

2. Examining the reasoning of the lower judgment regarding the request for attachment order in light of the record, the lower court is justifiable to order the Defendant to attach an electronic tracking device for ten (10) years, considering that the Defendant was at risk of recidivism of sexual crime and recidivism, and there is no error 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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