logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대법원 2015.06.24 2015도5625
성폭력범죄의처벌등에관한특례법위반(특수강도강간)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, in a case involving a prosecuted case, where death penalty, life imprisonment, or imprisonment or imprisonment without prison labor for more than ten years is imposed, an appeal on the grounds of unfair sentencing is permitted. As such, in the instant case where the defendant and the person requesting an attachment order (hereinafter “defendant”) were sentenced to a more minor punishment, the argument that the above assertion or punishment is too unreasonable is not a legitimate ground for appeal.

2. As to the Defendant’s request for attachment order, the lower court ordered the Defendant to attach an electronic tracking device for 10 years by comprehensively taking into account all the circumstances indicated in the record, such as the Defendant’s age, sex, environment, and vision of the instant crime, the motive, means, and consequence of the instant crime, and the circumstances after the crime.

Although examining the record again, there is no error of misapprehending the legal principles as to the risk of recidivism, as otherwise 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.

arrow