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(영문) 대법원 2015.09.10 2015도10822
성폭력범죄의처벌등에관한특례법위반(절도강간)등
Text

The appeal is dismissed.

Of the case name of the judgment of the court below.

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, 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 among the facts charged in the instant 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 on facts beyond

In addition, considering the circumstances revealed in the records, such as the background leading up to the instant crime, method of crime, Defendant’s act before and after the instant crime, and the circumstances after the instant crime, it cannot be deemed that the Defendant had a mental and physical state at the time of the instant crime, and thus, the lower court’s judgment did not recognize a mental and physical disorder.

2. In light of the evidence duly admitted by the court below, the court below is just to order the defendant to attach an electronic tracking device for 10 years on the ground that the defendant is in danger of recidivism of sexual crime and recidivism, and there is no error of law as otherwise alleged in the ground of appeal.

3. Therefore, the appeal is dismissed. Since there is an obvious error in the indication of the case name of the court below, it is decided to correct it in accordance with Article 25 of the Regulation on Criminal Procedure. It is so decided as per Disposition by the assent of all participating

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