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(영문) 대법원 2016.07.14 2016도6639
성폭력범죄의처벌및피해자보호등에관한법률위반(특수강도강간등)
Text

All appeals are dismissed.

Reasons

The grounds of appeal are examined (to the extent of supplement in case of supplemental statements in the grounds of appeal not timely filed).

1. Examining the evidence duly admitted by the first instance court, which maintained the reasoning of the lower judgment in relation to the Defendant case, in light of the evidence duly admitted by the lower court, the lower court is justifiable to have determined that the instant facts charged were guilty on the grounds indicated in its reasoning. In so doing, the lower court did not err by failing to exhaust all necessary deliberations, as alleged in the grounds of appeal, by misapprehending the rules of logic and experience and exceeding the bounds of free evaluation of evidence, by misapprehending the legal doctrine on the admissibility of evidence

2. Examining the reasoning of the lower judgment regarding the request for attachment order in light of the record, the lower court, on the grounds stated in its reasoning, has the risk of recidivism and recidivism of sexual crime committed by the Defendant and the requester for attachment

In light of the above, it is just to maintain the judgment of the first instance ordering the attachment of an electronic tracking device for ten years, and there is no violation of law 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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