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(영문) 대법원 2013.10.17 2013도9686
아동ㆍ청소년의성보호에관한법률위반(강간등)
Text

All appeals are dismissed.

Reasons

The grounds of appeal are examined.

1. According to the records on the Defendant case, the Defendant and the person subject to a request for attachment order (hereinafter “Defendant”) appealed in the first instance judgment, and asserted only unfair sentencing, mistake of facts or misapprehension of legal principles as to the disclosure order and notification order as the grounds of appeal.

In such a case, the argument that the judgment below did not recognize mental disorder is not a legitimate ground for appeal.

In addition, examining the reasoning of the judgment below in light of the records, it is just that the court below ordered disclosure of information about the defendant for ten years, considering that there are no special circumstances to prevent disclosure of personal information of the defendant for reasons as stated in its reasoning, and there is no error of law by misunderstanding the legal principles as to Article 39 of the Criminal Procedure Act

2. With respect to the case for which the request for attachment order is filed, if the defendant files an appeal against the case for which the request for attachment order is filed, the appeal shall be deemed filed.

However, there is no entry of reasons in the petition of appeal and there is no entry of reasons for objection in the appellate brief.

3. 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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