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(영문) 대법원 2013.09.13 2013도7648
성폭력범죄의처벌등에관한특례법위반(친족관계에의한강간)등
Text

All appeals are dismissed.

Reasons

The grounds of appeal are examined.

1. According to the records of the accused case, the accused and the person subject to a medical treatment and custody application and the person subject to a request for an attachment order (hereinafter “defendant”) filed an appeal against the judgment of the court of first instance, and alleged misconception of facts, mental and physical disability, and unfair sentencing as the grounds for

In such a case, the allegation in the grounds of appeal that the lower court erred by incomplete deliberation or by misapprehending the legal principles with respect to the defectiveness is not a legitimate ground of appeal.

Furthermore, even in examining records, the lower court did not err by misapprehending the legal doctrine as alleged by the Defendant.

2. When a defendant files an appeal against a prosecuted case with respect to a medical treatment and custody application case, the medical treatment and custody application case shall be deemed as an appeal.

However, this part of the appeal was not submitted.

3. Examining the reasoning of the judgment below in light of the records, we affirm the judgment of the court of first instance ordering the attachment of an electronic tracking device on the ground that it is difficult to recognize that the defendant is likely to recommit a sexual crime, and dismiss this part of the prosecutor's claim, and contrary to the allegations in the grounds of appeal, the court below did not err by misapprehending the legal principles on the attachment

4. 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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