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(영문) 대법원 2014.09.04 2014도7080
성폭력범죄의처벌등에관한특례법위반(13세미만미성년자강간)
Text

All appeals are dismissed.

Reasons

The grounds of appeal are examined.

1. As to the grounds of appeal by the Defendant and the respondent for the attachment order and the respondent for the treatment order (hereinafter “defendants”).

A. 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, the lower court was justifiable to have determined that the facts charged of the instant case had reached the conclusion of the judgment on the grounds stated in its reasoning. In so doing, it did not err by exceeding the bounds of the principle of free evaluation of evidence and exceeding the bounds of the principle of logic and

In addition, considering the following circumstances, comprehensively taking account of the Defendant’s age, character, intelligence and environment, the motive, means and consequence of the instant crime, and the circumstances after the commission of the crime, etc., the amount of punishment and measures of the lower court, which maintained the first instance judgment ordering the disclosure and notification of information on the Defendant for ten years, cannot be deemed to be significantly unfair.

B. 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, the lower court’s measure that maintained the first instance court ordering the Defendant to attach an electronic tracking device for twenty (20) years, based on the following factors: (a) the Defendant’s age, character and conduct, environment, awareness and attitude of the Defendant’s sex; and (b) it cannot be deemed that there is a substantial reason to acknowledge that the lower

2. As to the Prosecutor’s ground of appeal

A. The order of pharmacologic treatment pursuant to the Act on Pharmacologic Treatment of Sex Offenders’ Sexual Impharmacologic (hereinafter “pharmacologic treatment order”) is to be given to a sexually transmitted patient who committed a sexual crime against him and is 19 years of age or older who is deemed to pose a risk of recommitting a sexual crime, such as medication and psychological treatment.

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