logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대법원 2015.06.24 2015도4277
아동ㆍ청소년의성보호에관한법률위반(강간)등
Text

All appeals are dismissed.

Reasons

The grounds of appeal are examined.

1. Examining the evidence duly admitted by the first instance court, which maintained the reasoning of the lower judgment, in light of the evidence duly admitted by the lower court, the lower court is justifiable to have found the Defendant guilty of violating the Act on the Protection of Children and Juveniles against Sexual Abuse among the facts charged in the instant case, on the grounds indicated in its reasoning. In so doing, the lower court did not err by exceeding the bounds of the principle of free evaluation

In addition, 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 permitted. Thus, in this case where the defendant and the requester for an attachment order (hereinafter “defendant”) rendered a minor sentence, the argument that the sentencing of the sentence is unreasonable is not legitimate grounds for appeal

2. Examining the evidence duly admitted by the first instance court with respect to the request for attachment order, the lower court is justifiable in maintaining the first instance court’s order to attach an electronic tracking device for twenty (20) years, deeming that the risk of recidivism of sexual crime and recidivism exists, and there was no error as otherwise 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.

arrow