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(영문) 대법원 2015.10.29 2015도13130
강제추행
Text

All appeals are dismissed.

Reasons

The grounds of appeal are examined.

1. Examining the reasoning of the judgment below in light of the records, it is just that the court below ordered the defendant and the person who requested the attachment order (hereinafter “the defendant”) to disclose information about the defendant for a period of 10 years, considering that there are no special circumstances that may not disclose personal information of the defendant and the person who requested the attachment order (hereinafter “the defendant”), and there is no

In addition, considering the reasoning of the judgment below in light of the records, the court below is just in rejecting the defendant's assertion on mental and physical disability, and there is no error in the misapprehension of legal principles as to mental and physical disability as alleged in the

Meanwhile, under Article 383 subparagraph 4 of the Criminal Procedure Act, only in cases where death penalty, life imprisonment, or imprisonment or imprisonment without prison labor for not less than ten years has been imposed, an appeal on the grounds of unfair sentencing is allowed. Thus, in this case where a more minor sentence has been imposed on the defendant, the argument that the sentencing of the punishment

Other grounds of appeal are not legitimate grounds of appeal under Article 383 of the Criminal Procedure Act.

2. Examining the reasoning of the lower judgment in light of the record as to the claim for attachment order, it is justifiable for the lower court to have maintained the first instance judgment ordering the Defendant to attach an electronic tracking device for three years, considering that the Defendant committed sexual assault at least twice and the risk of recidivism was recognized, on the grounds stated in its reasoning, and there is no error of law as otherwise alleged in the grounds of

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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