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(영문) 대법원 2015.01.15 2014도14940
아동ㆍ청소년의성보호에관한법률위반(강제추행)등
Text

All appeals are dismissed.

Reasons

The grounds of appeal are examined (to the extent of supplement in case of supplemental appellate briefs not timely filed).

1. Examining the evidence duly adopted and examined by the lower court and the first instance court as to the prosecuted case, the lower court’s determination that all of the facts charged of this case is guilty is justifiable, and it did not err by exceeding the bounds of the principle of free evaluation of evidence against logical and empirical rules, or by misapprehending the relevant legal doctrine.

Examining the record, it is reasonable that the court below ordered the defendant to disclose and notify information about the defendant for three years, considering that there are no special circumstances that the defendant should not disclose and notify personal information as stated in its reasoning.

There is no error in the misapprehension of legal principles regarding "special circumstances in which personal information shall not be disclosed" as an exception to an order of disclosure or notification.

2. As to the Defendant’s request for attachment order, comprehensively considering the Defendant’s age, happiness and environment, as well as the motive, means, and consequence of each of the instant crimes, the circumstances after the crime, etc., the lower court’s maintenance of the first instance judgment ordering the Defendant to attach an electronic tracking device for five years on the ground that the risk of recidivism and recidivism exists, is justifiable. In so doing, the lower court did not err by exceeding the bounds of the principle of free evaluation of evidence in violation of logical and empirical rules

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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