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(영문) 대법원 2017.09.26 2017도9932
강제추행
Text

All appeals are dismissed.

Reasons

The grounds of appeal are examined (to the extent of supplement in case of supplemental appellate briefs not timely filed).

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 was justifiable to have determined that the instant facts charged was guilty.

In so determining, the lower court did not err by exceeding the bounds of the principle of free evaluation of evidence against logical and empirical rules, contrary to what is alleged in the grounds of appeal.

2. Examining the reasoning of the lower judgment regarding the request for attachment order, in light of the record, there is a risk of recommitting a sexual crime against the Defendant and the person to whom the attachment order was requested (hereinafter “Defendant”).

It is reasonable to maintain the judgment of the first instance that ordered the attachment of an electronic tracking device for a period of five years.

In so determining, the lower court did not err by misapprehending the legal doctrine on the risk of recommitting a sexual crime, as alleged in the grounds of appeal.

3. The Defendant’s final appeal is dismissed in its entirety as it is without merit. It is so decided as per Disposition by the assent of all participating Justices on the bench.

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