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(영문) 대법원 2016.04.28 2016도3419
아동ㆍ청소년의성보호에관한법률위반(강제추행)
Text

All appeals are dismissed.

Reasons

The grounds of appeal are examined.

1. Examining the reasoning of the lower judgment as to the Defendant case in light of the evidence duly admitted by the lower court and the first instance court, the lower court was justifiable to have found the Defendant guilty of the instant facts charged on the grounds stated in its reasoning. In so doing, the lower court did not err by exceeding the bounds of free conviction due to violating logical and empirical rules, or by misapprehending the legal doctrine on the procedure for identifying the offender

According to Article 383 subparag. 4 of the Criminal Procedure Act, only in cases where death penalty, life imprisonment, or imprisonment with or without prison labor for more than ten years is imposed, a final appeal may be filed on the grounds of an unfair sentencing. As such, in this case where the defendant and the requester for an attachment order (hereinafter “defendant”) were sentenced to a more minor sentence, the argument that the punishment is unfair because it is too unreasonable is too unreasonable is not a legitimate final appeal.

2. Examining the reasoning of the lower judgment regarding the claim for attachment order, in light of the record, the lower court, based on its stated reasoning, risk of recidivism by the Defendant.

The judgment of the court of first instance ordering the attachment of an electronic tracking device for a period of five years is just, and 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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