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(영문) 대법원 2018.08.30 2018도10803
아동ㆍ청소년의성보호에관한법률위반(유사성행위)등
Text

All appeals are dismissed.

Reasons

The grounds of appeal are examined.

1. Examining the evidence duly adopted and examined by the court below and the first instance court as to the defendant's case, the court below is justified in finding the defendant and the person who requested an attachment order (hereinafter "defendant") guilty of the violation of the Act on the Protection of Children and Juveniles against Sexual Abuse and the violation of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (use photographing, such as camera, etc.) on the grounds stated in its reasoning.

There is no error of exceeding the bounds of the principle of free evaluation in violation of logical and empirical rules.

2. In light of the Defendant’s age, character and environment, motive and consequence of each of the instant crimes, as well as various circumstances indicated in the records, with respect to a request to attach an attachment order, the lower court, on the grounds stated in its reasoning, has the risk of recidivism of a sexual crime against the Defendant.

It is reasonable to order the attachment of an electronic tracking device for a period of ten years.

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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