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The appeal is dismissed.
Reasons
The grounds of appeal are examined.
1. According to the records on the accused case, the accused and the respondent for the attachment order (hereinafter “defendant”) appealed against the judgment of the first instance, and asserted only unfair sentencing as the grounds for appeal.
In such a case, the argument that the judgment of the court below erred in the misapprehension of legal principles as to mistake of facts, mental and physical disorder, etc. due to violation of the rules of evidence cannot
In addition, examining various circumstances that are conditions for sentencing, such as Defendant’s age, character and conduct, environment, family relationship, motive, means and process of committing a crime, and circumstances after committing a crime, it cannot be deemed that the lower court’s judgment on the determination of the sentence, which maintained the sentence sentenced in the first instance judgment, is extremely unfair. Accordingly, the allegation in the grounds of appeal on
In addition, other grounds for appeal by the defendant do not constitute legitimate grounds for appeal under Article 383 of the Criminal Procedure Act.
2. The lower court, on the grounds stated in its reasoning, ordered the Defendant to attach an electronic tracking device for ten years, deeming that the risk of recidivism exists.
The judgment below
Examining the reasoning in light of the evidence duly admitted, the lower court did not err in its judgment by exceeding the bounds of the principle of free evaluation of evidence, even when considering the circumstances alleged in the grounds of appeal.
3. Therefore, the appeal is dismissed. It is so decided as per Disposition by the assent of all participating Justices on the bench.