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(영문) 대법원 2014.02.13 2013도14728
특정범죄가중처벌등에관한법률위반(영리약취ㆍ유인등)등
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 reasoning of the lower judgment in light of the evidence duly admitted by the lower court, the lower court’s determination that the charge of the instant case (excluding the part of innocence and acquittal) was guilty on the grounds as stated in its reasoning is justifiable. In so doing, the lower court did not err by exceeding the bounds of the principle of free evaluation of evidence inconsistent with logical and empirical rules, or by misapprehending the legal doctrine on the aggravation

In addition, pursuant 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 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 punishment is unreasonable

2. Examining the reasoning of the lower judgment in light of the record, it is justifiable for the lower court to have maintained the first instance judgment ordering the Defendant to attach an electronic tracking device for ten (10) years by deeming that the risk of recidivism exists, on the grounds as stated in its reasoning, and there is no error of misapprehending the legal principles as to the attachment order.

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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