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(영문) 대법원 2013.03.28 2013도997
성폭력범죄의처벌등에관한특례법위반(강간등상해)등
Text

The appeal is dismissed.

Reasons

The grounds of appeal are examined.

1. Examining the reasoning of the lower judgment in light of the evidence duly admitted by the lower court, the lower court was justifiable to have determined that the instant facts charged (excluding the part on which the lower judgment rendered a not guilty verdict on the grounds of its judgment) was recognized on the grounds as stated in its reasoning. In so doing, the lower court did not err by exceeding the bounds of the principle of free evaluation of evidence and exceeding the bounds of the logical and empirical rules, or by misapprehending the legal doctrine on injury

In addition, considering all the circumstances indicated in the records, such as the defendant's age, occupation, type of crime, motive, criminal process, result, etc., it is just that the court below ordered the defendant to disclose personal information for seven years, and there is no error of law by misunderstanding the relevant legal principles.

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 allowed. Thus, in this case where a more minor sentence has been imposed on the defendant, the argument that the amount of punishment

2. As to the request for attachment order, the electronic monitoring system for a sexual offender pursuant to the Act on the Electronic Monitoring, etc. of Specific Criminal Offenders (hereinafter “the instant Act”) is a kind of security measure aimed at protecting citizens from sexual crimes by taking additional measures to track their behaviors to re-socialize through the prevention of recidivism and the correction of character and conduct.

In full view of the purpose and character of the electronic monitoring system, the contents and purpose of the above law on its operation, etc., the electronic monitoring system is operated.

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