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(영문) 대법원 2013.10.31 2013도10103
성폭력범죄의처벌등에관한특례법위반(주거침입강간등)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, in a case involving a prosecuted case, where death penalty, life imprisonment, or imprisonment or imprisonment without prison labor for not less than ten years is imposed, an appeal on the grounds of unfair sentencing is permitted. As such, in the instant case where the defendant and the person requesting an attachment order (hereinafter “defendant”) were sentenced to more minor punishment, the argument that the amount of punishment is unreasonable is not

2. Examining the reasoning of the lower judgment regarding the request for attachment order in light of the record, it is justifiable for the lower court to maintain the first instance judgment ordering the Defendant to attach an electronic tracking device for ten (10) years by deeming that the risk of recidivism of sexual crime and recidivism exists, on the grounds as stated in its reasoning, and contrary to what is alleged in the grounds of appeal, there is no error of misapprehending the legal doctrine on the recidivism of sexual

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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