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(영문) 대법원 2019.05.16 2019도2106
강제추행등
Text

All appeals are dismissed.

Reasons

The grounds of appeal are examined.

1. An appeal for a defendant against a prosecuted case is an objection against the lower court's judgment, and the essence of which is to correct the disadvantageous judgment against the defendant and request for a favorable judgment. Therefore, unless the judgment of a lower court is disadvantageous to the defendant, the defendant shall not have the right to appeal

(See Supreme Court Decision 2005Do4866 Decided September 15, 2005, etc.). According to the records, among the judgment of the first instance, the Defendant and the person to whom the attachment order was requested (hereinafter “Defendant”) did not appeal the part of the judgment of the first instance on the ground of unfair sentencing, and the prosecutor appealed only on the ground of unfair sentencing, but the judgment below dismissed the prosecutor’s appeal on the said part.

In light of the above legal principles, the judgment of the court below cannot be seen as a disadvantageous judgment against the defendant, and the defendant did not have the right to appeal against the judgment of the court below, and therefore the appeal filed by the defendant against

2. The lower court’s order to attach an electronic tracking device to the Defendant, on the grounds stated in its reasoning, is justifiable in light of the following: (a) comprehensively taking account of the Defendant’s age, happiness and environment before the Defendant’s age, as well as the motive, means, and consequence of each of the instant crimes; and (b) circumstances after committing the crime.

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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