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(영문) 대법원 2017.06.19 2017도5541
성폭력범죄의처벌등에관한특례법위반(주거침입강제추행)
Text

All appeals are dismissed.

Reasons

The grounds of appeal are examined.

1. According to Article 383 subparag. 4 of the Criminal Procedure Act with respect to Defendant case, an appeal may be filed only for a case on which death penalty, life imprisonment, or imprisonment with or without prison labor for not less than ten years has been imposed. As such, in the instant case where the Defendant and the person who requested an attachment order (hereinafter “Defendant”) have been sentenced to more minor punishment, the allegation that the amount of punishment is unfair is not legitimate grounds for appeal.

Meanwhile, in full consideration of all the circumstances indicated in the records, such as the Defendant’s age, occupation, type of crime, motive, criminal process, result, etc., it is justifiable for the lower court to maintain the first instance judgment that sentenced the disclosure order and notification order for a period of five years on the ground that the lower court did not have any special reason to not disclose the Defendant’s personal information, even if considering the circumstances asserted by the national defense counsel. In so doing, the lower court did not err

2. Examining the evidence duly admitted by the lower court in light of the evidence regarding the claim for attachment order order, the lower court has the risk of repeating a sex crime against the Defendant.

In light of the foregoing, it is justifiable to maintain the first instance judgment ordering the attachment of an electronic tracking device for a period of five 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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