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(영문) 대법원 2015.07.09 2015도6342
성폭력범죄의처벌및피해자보호등에관한법률위반(강간등상해)
Text

All appeals are dismissed.

Reasons

The grounds of appeal are examined.

1. According to the records of the case prosecuted, the defendant and the person to whom the attachment order was requested (hereinafter “defendant”) appealed against the judgment of the court of first instance, and asserted to the effect of mistake of facts, along with the grounds for appeal, with the unreasonable sentencing and the judgment of the court of first instance, and withdrawn the grounds for appeal on the mistake of facts on the date

In such a case, the argument that the lower court erred by mistake of facts cannot be a legitimate ground of appeal.

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, the argument that the Defendant’s punishment is too unreasonable is not a legitimate ground for appeal.

Meanwhile, examining the reasoning of the lower judgment in light of the records, the lower court is justifiable to have rejected the Defendant’s assertion on mental and physical disability, and there is no error as alleged in the grounds of appeal.

2. Examining the reasoning of the lower judgment in light of the evidence duly admitted by the lower court with respect to the request for attachment order, the lower court is justifiable to order the Defendant to attach an electronic tracking device for ten years by deeming that the risk of recidivism of sexual crime and recidivism exists, on the grounds indicated in its reasoning. In so doing, the lower court did not err by misapprehending the relevant legal doctrine

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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