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(영문) 대법원 2015.06.24 2015도5861
강제추행등
Text

All appeals are dismissed.

Reasons

The grounds of appeal are examined.

1. According to Article 383 subparag. 4 of the Criminal Procedure Act, an appeal against a prosecuted case on the grounds of unfair sentencing is allowed only in cases where death penalty, life imprisonment, or imprisonment or imprisonment without prison labor for not less than ten

In this case where a more minor sentence is imposed against the defendant, the argument that the amount of punishment is unreasonable is not a legitimate ground for appeal.

In addition, considering the various circumstances indicated in the records, such as the defendant's age, occupation, type of crime, motive, criminal process, result, etc., it is justifiable for the court below to order disclosure for three years on the ground that the circumstances alleged by the defendant cannot be deemed that there are special circumstances that the defendant should not disclose or notify the personal information, even if considering the circumstances alleged by the defendant.

2. As to the case of the request for attachment order, the lower court is justifiable to order the person subject to the request for attachment order to attach an electronic tracking device for three years by deeming that the person subject to the request for attachment order had the recidivism wall of sexual crimes and the risk of recidivism, on the grounds stated in its reasoning, considering the following as a whole, comprehensively considering the age, happiness, and environment of the person subject to the request for attachment order, the motive, means

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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