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(영문) 대법원 2020.09.24 2020도10065
강제추행
Text

All appeals are dismissed.

Reasons

The grounds of appeal are examined.

1. According to Article 383 subparag. 4 of the Criminal Procedure Act, an appeal may be filed on the ground of unfair sentencing only in cases where death penalty, life imprisonment, or imprisonment or imprisonment without prison labor for not less than ten years is pronounced

Therefore, in this case where the defendant and the person to whom the attachment order was requested (hereinafter referred to as the "defendant") were sentenced to a more minor sentence, the argument that the punishment is too unreasonable is not a legitimate ground for appeal.

2. Examining the reasoning of the lower judgment regarding the request for attachment order, in light of the record, the lower court did not err by ordering the Defendant to attach an electronic tracking device for three years by deeming that the Defendant is likely to recommit a sexual crime.

3. The Defendant’s final appeal is dismissed in its entirety as it is without merit. It is so decided as per Disposition by the assent of all participating Justices on the bench.

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