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(영문) 서울고등법원 2014.05.01 2014노387
성폭력범죄의처벌등에관한특례법위반(13세미만미성년자준강간등)등
Text

Defendant

In addition, all appeals filed by the respondent for attachment order shall be dismissed.

Reasons

1. The judgment of the court below which sentenced an attachment order is unreasonable, in the absence of the need to attach a location tracking device to the defendant and the person to whom the attachment order was requested (hereinafter “the defendant”).

2. Determination

A. Although the Defendant filed an appeal against the part of the Defendant’s case, the part of the Defendant’s case did not submit legitimate grounds for appeal as to this part, and there is no reason to investigate and reverse this part ex officio, even after examining the lower judgment.

B. The court below held that the defendant needs to attach a location tracking device to check whether he/she complies with the matters to be observed during the probation period, in full view of the motive object, location, method and frequency of the crime of this case as well as the defendant's character, character, environment and sex acknowledged by the evidence duly adopted and examined by the court below. The judgment of the court below is just and acceptable. Thus, the defendant's assertion is without merit.

3. In conclusion, the defendant's appeal is without merit, and it is all dismissed in accordance with Article 364 (4) of the Criminal Procedure Act and Article 35 of the Act on Probation and Electronic Monitoring, etc. of Specific Criminal Offenders. It is so decided as per Disposition.

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