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(영문) 대법원 2017.01.25 2016도19445
준강제추행
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’s instant case, the lower court was justifiable to have determined that the Defendant was guilty of the instant facts charged on the grounds stated in its reasoning, and did not err by exceeding the bounds of free evaluation of evidence in violation of logical and empirical rules, or by misapprehending relevant legal principles.

In addition, considering all the circumstances indicated in the record, such as the age, occupation, type of criminal record and crime, motive, criminal process, result, etc. of the defendant and the person against whom the attachment order was requested (hereinafter “defendant”), it is justifiable to maintain the judgment of the first instance court that sentenced the order to disclose personal information for a period of five years even when considering the circumstances alleged by the defendant, and there is no error as alleged in the grounds of appeal.

In addition, the argument that the judgment of the court below is erroneous in the deliberation of the sentencing grounds is ultimately unfair.

Therefore, under 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 more than ten years has been imposed, an appeal is permitted for the wrongful grounds for sentencing. As such, the argument that the determination of a sentence is unfair is not a legitimate ground for appeal in this case where a minor sentence has been imposed against the defendant.

2. Examining the reasoning of the lower judgment regarding the claim for attachment order, in light of the records, the lower court, based on its stated reasoning, risk of recidivism by the Defendant.

The judgment of the court of first instance ordering the attachment of an electronic tracking device for a period of five years is just, 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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