logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대법원 2018.11.29 2018도14801
성폭력범죄의처벌등에관한특례법위반(13세미만미성년자유사성행위)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, an appeal against the defendant's case is permitted only in cases where death penalty, life imprisonment, or imprisonment with or without prison labor for not less than ten years is pronounced.

Defendant

In this case where a person who requested an attachment order (hereinafter referred to as "defendant") is sentenced to a more minor punishment, the argument that the punishment is too unreasonable is not a legitimate ground for appeal.

2. Examining the reasoning of the lower judgment regarding the claim for attachment order, in light of the record, the lower court, based on its stated reasoning, has the risk of recommitting the Defendant.

The judgment of the court of first instance ordering the attachment of an electronic tracking device for a period of seven years is just, 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.

arrow