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(영문) 대법원 2014.03.27 2014도1343
아동ㆍ청소년의성보호에관한법률위반(강제추행)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 the defendant's case, an appeal 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 years has been imposed. As such, in this case where the defendant and the person requesting an attachment order (hereinafter "the defendant") were sentenced to more minor punishment, the argument that the amount of punishment is unfair

2. As to the case for which a request to attach an electronic tracking device was made, the lower court’s maintenance of the first instance court that ordered the Defendant to attach an electronic tracking device for two years by deeming that the risk of recidivism of a sexual crime exists, is justifiable, and it cannot be said that the period of attachment of an electronic tracking device is excessive.

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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