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(영문) 대법원 2017.05.30 2017도4482
성폭력범죄의처벌등에관한특례법위반(강간등살인)등
Text

All appeals are dismissed.

Reasons

The grounds of appeal are examined.

1. Examining the reasoning of the lower judgment in light of the evidence duly admitted by the lower court in relation to the Defendant case, the lower court is justifiable to have found the Defendant guilty of violating the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (Rape, etc.) among the facts charged in the instant case on the grounds stated in its reasoning, and it did not err by failing to exhaust all necessary deliberations as alleged in the grounds of appeal, thereby exceeding the bounds of free

Defendant

In addition, examining various circumstances, such as the character and conduct of the person against whom the attachment order was requested (hereinafter “Defendant”), the character and conduct, the environment, the records of the crime, the motive and consequence of the crime of this case, and the circumstances after the crime, etc., the determination of the lower court’s imprisonment with prison labor for not less than 25 years is extremely unfair.

2. Examining the reasoning of the lower judgment regarding the claim for attachment order, in light of the record, the lower court, on the grounds stated in its reasoning, has the risk of repeating murder crimes against the Defendant.

In light of the above, it is justifiable to order the attachment of an electronic tracking device for a period of 20 years, and there is no error as 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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