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(영문) 대법원 2016.01.28 2015도18893
마약류관리에관한법률위반(향정)등
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 may be filed only for a case on which death penalty, life imprisonment, or imprisonment with or without prison labor for not less than ten years has been imposed. As such, in the instant case where the defendant and the person who requested an attachment order (hereinafter "defendant") were sentenced to more minor punishment, the argument that the amount of punishment is unfair does not constitute legitimate grounds for appeal.

2. Examining the evidence duly admitted by the first instance court with respect to the case in which the request for attachment order was filed, the lower court, in light of the evidence duly admitted by the lower court, has the risk of repeating sexual crimes

In light of the above, it is justifiable to maintain the first instance judgment ordering the attachment of an electronic tracking device for a period of ten years, and 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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