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(영문) 대법원 2017.04.26 2017도3203
강제추행등
Text

All appeals are dismissed.

Reasons

The grounds of appeal are examined.

1. Examining the reasoning of the lower judgment regarding the Defendant’s case in light of the record, it is justifiable for the lower court to have rejected the assertion on the mental and physical weakness of the Defendant and the requester for an attachment order (hereinafter “Defendant”), based on the circumstances indicated in its reasoning, and there is no error that did not recognize a mental and physical disorder as alleged in the

In addition, pursuant to Article 383 subparagraph 4 of the Criminal Procedure Act, an appeal may be filed only for a case on which death penalty, life imprisonment, or imprisonment with or without labor for not less than ten years has been imposed. Thus, in this case where a more minor sentence has been imposed against the defendant, the argument that the amount of the punishment is unfair is not a legitimate ground for appeal.

In addition, the defendant's assertion that the disclosure order and notification order of personal information against the defendant are unfair does not constitute legitimate grounds for appeal under each subparagraph of Article 383 of the Criminal Procedure Act.

2. Examining the reasoning of the lower judgment regarding a request for attachment order in light of the records, the lower court, based on its stated reasoning, has the risk of repeating sexual crimes against the Defendant.

In light of the foregoing, it is justifiable to maintain the first instance judgment ordering the attachment of an electronic tracking device for a period of four 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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