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(영문) 대법원 2015.07.23 2015도7754
성폭력범죄의처벌등에관한특례법위반(13세미만미성년자강제추행)
Text

All appeals are dismissed.

Reasons

The grounds of appeal are examined.

1. According to the records as to the case prosecuted, the defendant and the person to whom the attachment order was requested (hereinafter “defendants”) appealed against the judgment of the court of first instance, and asserted mental and physical disorder along with the unfair sentencing as the grounds for appeal, but withdrawn the grounds for appeal as to mental and physical disorder on the first trial date of the court below.

In such a case, there is an error of misconception of facts, misunderstanding of legal principles, and mental disorder in the judgment below.

The argument that an order to disclose personal information to the defendant is improper shall not be a legitimate ground for 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, in this case where a more minor sentence has been imposed on the defendant, the argument that the sentencing of the

2. Examining the evidence duly admitted by the first instance 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 seven years by deeming that the risk of recidivism and recidivism of sexual crimes exists, and there is no error of law as otherwise 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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