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(영문) 대법원 2013.06.14 2013도3951
아동ㆍ청소년의성보호에관한법률위반(유사성행위)
Text

All appeals are dismissed.

Reasons

The grounds of appeal are examined.

1. According to Article 383 subparag. 4 of the Criminal Procedure Act with respect to the defendant's case, an appeal on the grounds of unfair sentencing is allowed only in cases where death penalty, life imprisonment, or imprisonment with or without labor for not less than ten years has been imposed. As such, in the case where the defendant and the person requesting an attachment order (hereinafter "defendant") were sentenced to a more minor imprisonment with labor for not less than three years, the allegation that the sentencing of

2. The court below is just to order the defendant to attach an electronic tracking device for 10 years on the ground that he/she has committed a sexual crime against a person under the age of 16 and is in danger of recidivism, considering all the circumstances revealed in the records such as the defendant's age, happiness and environment before the defendant's age, the motive, means, and consequence of each of the crimes in this case, and the circumstances after the crime. In so doing, the court below erred by misapprehending the legal principles on

or the period of attachment of an electronic tracking device is excessive.

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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