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(영문) 대법원 2015.08.27 2015도9905
성폭력범죄의처벌등에관한특례법위반(장애인준강간)등
Text

All appeals are dismissed.

Reasons

The grounds of appeal are examined.

1. Examining the reasoning of the lower judgment in light of the evidence duly admitted by the lower court, the lower court’s determination that all of the facts charged in the instant case is justifiable, and contrary to what is alleged in the grounds of appeal, the lower court did not err by exceeding the bounds of the principle of free evaluation of evidence against logical and empirical rules, or by misapprehending the legal doctrine on the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes and the Act on Special Cases Concerning the Punishment

2. Examining the reasoning of the lower judgment regarding the claim for attachment order in light of the record, it is justifiable for the lower court to maintain the first instance judgment ordering the attachment of an electronic tracking device for ten (10) years, based on its stated reasoning, and there is no violation of law as otherwise alleged

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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