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(영문) 대법원 2014.08.28 2014도8122
성폭력범죄의처벌등에관한특례법위반(13세미만미성년자준강간등)
Text

All appeals are dismissed.

Reasons

The grounds of appeal are examined.

1. Examining the reasoning of the lower judgment in light of the evidence duly admitted by the lower court, the lower court is justifiable to have found the Defendant guilty of quasi-rape as to the minors under the age of 13 among the facts charged in the instant case on the grounds stated in its reasoning. In so doing, contrary to what is alleged in the grounds of appeal, the lower court did not err by violating the logical and empirical rules and exceeding the bounds of

2. As to the case of the request for attachment order, the court below is just in maintaining the judgment of the court of first instance that ordered the defendant to attach an electronic tracking device for 20 years on the ground that the defendant's and the person subject to the request for attachment order (hereinafter "the defendant"), considering all the circumstances revealed in the records, such as the age, happiness, and environment of the person subject to the request for attachment order (hereinafter "the defendant"), and the motive, means and consequence of each of the crimes of this case, and the circumstances after the crime, etc., were committed. Contrary to the allegations in the grounds of

The period of attachment of an electronic tracking device cannot be excessive.

3. 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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