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(영문) 대법원 2015.09.10 2015도11230
준강제추행등
Text

All appeals are dismissed.

Reasons

The grounds of appeal are examined.

1. Examining the evidence duly adopted and examined by the lower court and the first instance court as to the prosecuted case, the lower court is justifiable to have determined that the lower court convicted all of the charges of quasi-indecent act by compulsion and obstruction of business against the victim F among the facts charged, on the grounds as indicated in its reasoning

There is no violation of the principle of free evaluation of evidence against logical and empirical rules.

Examining the record, the court below is just in rejecting the defendant's assertion of mental disability as to obstruction of business among the facts charged in this case, based on its stated reasoning, and there is no violation of law.

In addition, considering various circumstances revealed in the records, such as the defendant's age, occupation, type of crime, motive, criminal process, result, etc., it is just to maintain the judgment of the court of first instance that sentenced the order of disclosure notification for three years on the ground that even if considering the circumstances asserted by the defendant, there is no special circumstance that the court below should not disclose or notify personal information to the defendant for reasons as stated in its holding, and there is no violation of law as

2. The court below is just in maintaining the judgment of the court of first instance that ordered the person subject to the request for attachment order to attach an electronic tracking device for three years on the ground that the person subject to the request for attachment order had the possibility of recidivism and recidivism of sexual crime, and there are no errors in the misapprehension of the legal principles 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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