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(영문) 대법원 2016.03.24 2016도1412
성폭력범죄의처벌등에관한특례법위반(주거침입준강제추행)
Text

All appeals are dismissed.

Reasons

The grounds of appeal are examined.

1. According to Article 383 subparag. 4 of the Criminal Procedure Act with respect to the defendant's case, the appeal on the grounds of unfair sentencing is permitted only in the case where the death penalty, life imprisonment, or imprisonment with or without prison labor for not less than ten years is pronounced. Thus, the argument that the determination of the sentence is unfair is not legitimate in the case where the defendant was sentenced to more minor punishment.

2. In light of the following circumstances in light of the Defendant’s age, character and behavior environment, criminal records, relationship with the victim, motive means and consequence of the instant crime, and circumstances after the commission of the crime, the first instance court maintained by the lower court is likely to recommit a sexual crime against the Defendant.

It is reasonable to order the observation of protection for a period of five years.

There is no error of law as alleged in the grounds of appeal.

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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