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(영문) 대법원 2013.03.28 2013도751
강도강간등
Text

All appeals are dismissed.

Reasons

The grounds of appeal are examined.

1. Examining the lower court’s judgment and the evidence duly admitted by the lower court in light of its reasoning, the lower court was justifiable to have found the Defendant guilty of robbery, rape, and assault among the facts charged of the instant case on the grounds stated in its reasoning. In so doing, contrary to what is alleged in the grounds of appeal, there were no errors of misapprehending the bounds of the principle

In addition, for reasons indicated in its holding, the lower court’s issuance of an disclosure order and notification order under the proviso to Article 37(1) and the proviso to Article 41(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes is justifiable in light of the purport of relevant statutes, and there is no error by misapprehending the legal doctrine on the grounds for exception to disclosure order and notification order.

In addition, under Article 383 subparagraph 4 of the Criminal Procedure Act, only in cases where death penalty, life imprisonment, or imprisonment with or without prison labor for not less than ten years has been imposed, an appeal on the grounds of unfair sentencing is permitted. As such, in this case where the defendant and the requester for an attachment order (hereinafter “defendant”) were sentenced to a more minor imprisonment with prison labor for not less than nine years, the argument that the amount of punishment

2. As to the case for which a request to attach an electronic tracking device is made, the lower court is justifiable to order the Defendant to attach an electronic tracking device for ten years on the ground that the Defendant committed two or more sexual crimes, and the risk of recidivism exists, considering the following circumstances, comprehensively taking into account the Defendant’s age, happiness and environment, the motive, means, and consequence of each of the crimes in this case, as well as the circumstances after the crime, etc.

3. Therefore, all appeals are dismissed. It is so decided by all participating Justices.

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