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(영문) 대법원 2014.09.25 2014도9908
성폭력범죄의처벌등에관한특례법위반(13세미만미성년자강제추행)
Text

The appeal is dismissed.

Reasons

The grounds of appeal are examined.

1. Examining the evidence duly admitted by the first instance court, which maintained the reasoning of the lower judgment, in light of the evidence duly admitted by the lower court, the lower court’s maintenance of the first instance judgment ordering the Defendant and the person subject to an attachment order (hereinafter “Defendant”) to disclose and notify information about the Defendant for five years, on the grounds indicated in its reasoning, on the ground that there are no special circumstances to disclose personal information to the Defendant and the person subject to attachment order (hereinafter “Defendant

In addition, according 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 punishment is too unreasonable cannot

2. Examining the reasoning of the lower judgment in light of the evidence duly admitted by the first instance court, which maintained the reasoning of the lower judgment in regard to the request for attachment order, the lower court is justifiable to have maintained the first instance judgment ordering the Defendant to attach an electronic tracking device for seven years by deeming that the risk of recidivism of sexual crimes exists, and there is no error of law as otherwise alleged in the grounds of appeal.

3. Therefore, the appeal is dismissed. It is so decided as per Disposition by the assent of all participating Justices on the bench.

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