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(영문) 대법원 2019.06.13 2019도4528
성폭력범죄의처벌등에관한특례법위반(13세미만미성년자강간)등
Text

All appeals are dismissed.

Reasons

The grounds of appeal are examined.

1. Examining various circumstances, including the age and behavior environment of the Defendant and the person against whom the attachment order was requested (hereinafter “Defendant”), relationship with the victim, the motive and consequence of each of the instant crimes, and the circumstances after the commission of the crime, as indicated in the records of the instant case, it is extremely unfair to maintain the judgment of the first instance court that sentenced the Defendant 12 years of imprisonment, even in light of the circumstances asserted in the grounds of appeal.

According to the records, the defendant appealed from the judgment of the court of first instance, and argued mistake of facts as well as unreasonable sentencing on the grounds of appeal, but has withdrawn all the remaining grounds for appeal except for unfair sentencing on the first trial of the court below.

In such a case, the court below's argument that there is an error in the rules of evidence, violation of the rules of evidence, or mistake of facts cannot be a legitimate

2. As to the Defendant’s request for attachment order, the lower court did not err by misapprehending the legal doctrine regarding the Defendant’s order to attach an electronic tracking device for twenty (20) years by deeming that the risk of recidivism of sexual crime exists, on the grounds indicated in its reasoning, considering the Defendant’s age, happiness and environment, as well as the motive, means, and consequence of each of the instant crimes, and the circumstances after

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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