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(영문) 대법원 2018.07.12 2018도5632
강제추행등
Text

All appeals are dismissed.

Reasons

The grounds of appeal are examined (to the extent of supplement in case of supplemental statements in the grounds of appeal not timely filed).

1. Examining the evidence duly adopted and examined by the court below and the first instance court as to the defendant's case, the court below is justified in finding the defendant guilty of the facts charged of this case for the reasons stated in its holding.

There is no error of exceeding the bounds of free evaluation of evidence in violation of logical and empirical rules, or of misapprehending relevant legal principles.

In addition, according to Article 383 (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 is imposed, a final appeal shall be allowed on the grounds of unfair sentencing.

In this case where a more minor punishment is imposed against the defendant, the argument that the amount of punishment, etc. is unfair is not a legitimate ground for appeal.

2. As to the request for attachment order, the lower court comprehensively takes into account the following circumstances: (a) the person against whom the request for attachment order was made: (b) the person’s age, character and conduct, and criminal record; and (c) the motive, means, and consequence of each of the instant crimes; and (d) the circumstances after the crime, and (c)

It is reasonable to order the attachment of an electronic tracking device for a period of three years.

There is no error 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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