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(영문) 대법원 2016.08.29 2016도8195
성폭력범죄의처벌등에관한특례법위반(13세미만미성년자강제추행)등
Text

All appeals are dismissed.

Reasons

The grounds of appeal are examined.

1. According to Article 383 subparag. 4 of the Criminal Procedure Act with respect to Defendant case, an appeal may be filed only for a case on which death penalty, life imprisonment, or imprisonment with or without prison labor for not less than ten years has been imposed. As such, in the instant case where the Defendant and the person who requested an attachment order (hereinafter “Defendant”) have been sentenced to more minor punishment, the allegation that the amount of punishment is unfair is not legitimate grounds for appeal.

In addition, the argument that the defendant's personal information disclosure order and notification order against the defendant are unfair in too long, does not constitute legitimate grounds for appeal under each subparagraph of Article 383 of the Criminal Procedure Act.

2. Examining the reasoning of the lower judgment regarding a request for attachment order in light of the record, the lower court, on the grounds stated in its reasoning, has the risk of recidivism and recidivism of sexual crimes against the Defendant.

It is reasonable to order the attachment of an electronic tracking device for a period of six years, and there is no violation of law as alleged in the grounds of appeal.

3. 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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