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(영문) 대법원 2017.12.28 2017도17850
강간등
Text

All appeals are dismissed.

Reasons

The grounds of appeal are examined.

1. Examining the evidence duly admitted by the first instance court, which maintained the reasoning of the lower judgment in relation to the Defendant case, the lower court was justifiable to have determined that the instant facts charged were guilty on the grounds indicated in its reasoning. In so doing, contrary to what is alleged in the grounds of appeal, the lower court did not err by exceeding the bounds of the principle of free evaluation of evidence in violation of logical and empirical rules

In addition, pursuant to Article 383 subparagraph 4 of the Criminal Procedure Act, only in cases where death penalty, life imprisonment, or imprisonment with or without prison labor for not less than ten years is imposed, a final appeal may be filed on the grounds of unfair sentencing. As such, the argument that the determination of punishment is unfair in this case where the defendant and the requester for an attachment order (hereinafter “defendant”) are sentenced to a more minor punishment is not a legitimate ground for final appeal.

2. Examining the reasoning of the lower judgment regarding a request for attachment order in light of the records, the lower court, based on its stated reasoning, has the risk of repeating sexual crimes against the Defendant.

In light of the above, it is justifiable to maintain the first instance judgment ordering the attachment of an electronic tracking device for a period of ten 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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