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(영문) 대법원 2015.06.24 2015도6229
강간상해
Text

All appeals are dismissed.

Reasons

The grounds of appeal are examined.

1. Although examining the reasoning of the lower judgment as to the prosecuted case based on evidence, the lower court did not exhaust all necessary deliberations, contrary to what is alleged in the grounds of appeal, and did not err by misapprehending the legal doctrine on the crime of rape injury or by misapprehending the rules of logic and experience.

In addition, pursuant to Article 383 subparagraph 4 of the Criminal Procedure Act, only in cases where death penalty, life imprisonment, or imprisonment or imprisonment without prison labor for more than ten years has been imposed, an appeal on the grounds of unfair sentencing is allowed. Thus, in this case where a more minor sentence has been imposed on the defendant, the argument that the sentencing of the

2. The lower court’s judgment maintaining the first instance judgment ordering the person subject to the request for attachment order to attach an electronic tracking device for ten (10) years, deeming that the person subject to the request for attachment order had the risk of recidivism of sexual crime and recidivism, as it is based on evidence, did not err by misapprehending the legal doctrine as otherwise

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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