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(영문) 대법원 2018.06.28 2018도5145
성폭력범죄의처벌등에관한특례법위반(13세미만미성년자강제추행)등
Text

All appeals are dismissed.

Reasons

The grounds of appeal are examined.

1. According to the records on the Defendant’s case, the Defendant and the person to whom the attachment order was requested (hereinafter “Defendant”) appealed against the judgment of the first instance court, and asserted, on the grounds of the appeal, that the Defendant and the person to whom the attachment order was requested (hereinafter “Defendant”) have dismissed the grounds for appeal as to the mistake of facts and the lack of mind and body as well as the wrongful determination of sentencing and the unfair notification of information disclosure, and the second trial date

In such a case, the argument that the defendant was in a state of mental or physical weakness at the time of each of the crimes in this case, or that the judgment below erred by mistake or misunderstanding of legal principles is not a legitimate ground for appeal

In addition, pursuant to Article 383 subparagraph 4 of the Criminal Procedure Act, only in cases where death penalty, life imprisonment, or imprisonment with or without prison labor for more than ten years is imposed, an appeal may be filed on the grounds of an unfair sentencing. As such, the argument that the Defendant’s punishment is too unreasonable is not a legitimate ground for appeal.

Meanwhile, examining the reasoning of the judgment below in light of the records, it is justifiable for the court below to order the defendant to disclose or notify personal information for a period of three years, and there is no violation of law as argued in the

2. Examining the reasoning of the lower judgment regarding a request for attachment order in light of the record, the lower court, on the grounds stated in its reasoning, has the risk of recidivism and recidivism of sexual crimes against the Defendant.

The judgment of the court of first instance ordering the attachment of an electronic tracking device for a period of six years is just, and there is no violation of law 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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