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(영문) 대법원 2016.06.09 2016도4372
성폭력범죄의처벌등에관한특례법위반(강간등치상)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 and the first instance court, the lower court’s finding the Defendant guilty of violating the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes among the instant facts charged, on the grounds indicated in its reasoning, is justifiable. In so doing, 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 in violation of logical

In addition, examining the reasoning of the judgment below in light of the records, it is just for the court below to reject the argument of the defendant and the requester for an attachment order (hereinafter referred to as "defendant") on the mental and physical weakness of the defendant and the respondent for an attachment order (hereinafter referred to as "the defendant"), and there is no error of not

B. According to Article 383 subparag. 4 of the Criminal Procedure Act, an appeal may be filed only in cases where death penalty, life imprisonment, or imprisonment with or without prison labor for more than ten years has been imposed. As such, in this case where a minor sentence has been imposed against the Defendant, the argument that the sentence is too unreasonable is not a legitimate ground for appeal.

2. Examining the reasoning of the lower judgment regarding the request for attachment order in light of the record, the lower court, on the grounds stated in its reasoning, has the risk of recidivism and recidivism of sexual crimes against the Defendant.

In light of the above, it is justifiable to maintain the first instance judgment ordering the attachment of an electronic tracking device for 12 years, and 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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