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(영문) 대법원 2016.04.12 2016도2346
특정범죄가중처벌등에관한법률위반(강도상해등재범)등
Text

The appeal is dismissed.

Reasons

The grounds of appeal are examined.

1. Examining the reasoning of the lower judgment as to the Defendant case in light of the evidence duly admitted by the lower court and the first instance court, the lower court is justifiable to have found the Defendant guilty of all the facts charged of this case on the grounds stated in its reasoning. In so doing, contrary to what is alleged in the grounds of appeal, the lower court did not err by misapprehending the legal doctrine as to the exclusion of illegally collected evidence, or by misapprehending the legal doctrine as to the exclusion of illegally collected evidence, or the presumption of innocence.

In addition, examining various circumstances that form the conditions of sentencing as indicated in the records, such as the age, character and conduct environment, relationship with the victim, motive and consequence of each of the instant crimes, and the circumstances after the crime, etc. of the Defendant and the person who requested an attachment order (hereinafter “Defendant”), the determination of the lower court’s sentence that maintained the judgment of the first instance court, which sentenced the Defendant to ten years of imprisonment, is extremely unfair.

2. Examining in light of the evidence duly admitted by the lower court and the first instance court with respect to the claim for attachment order, the lower court’s judgment is likely to recommit a sexual crime against the Defendant.

Therefore, it is just to maintain the first instance judgment ordering the attachment of an electronic tracking device for a period of ten years, and there is no violation of law as alleged in the grounds of appeal.

3. Therefore, the appeal is dismissed. It is so decided as per Disposition by the assent of all participating Justices on the bench.

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