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(영문) 대법원 2019.08.30 2019도8875
성폭력범죄의처벌등에관한특례법위반(13세미만미성년자위계등추행)등
Text

All appeals are dismissed.

Reasons

The grounds of appeal are examined.

1. Examining the following circumstances as to the accused case and the person subject to an attachment order and the applicant for medical treatment and custody (hereinafter referred to as the “defendant”), the victim’s age and behavior environment, relationship with the victim, motive means and consequence of each of the instant crimes, and circumstances after the crime, etc., the determination of the lower court’s sentence that sentenced the Defendant to four years of imprisonment and seven years of imprisonment cannot be deemed significantly unfair.

2. With respect to a case for which a request for attachment order is made, if the defendant files a final appeal against the case for which the request for attachment order is filed, the appeal shall be deemed filed

However, there is no indication of the reason in the petition of appeal and there is no ground for appeal on this part.

3. Examining the record of a medical treatment and custody application claim, the lower court did not err by misapprehending the legal doctrine as otherwise alleged in the grounds of appeal on the ground that the Defendant requires medical treatment at a medical treatment and custody facility and the risk of recidivism exists.

4. 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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