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(영문) 대법원 2017.06.29 2017도6041
강간등
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 Defendant case, an appeal may be filed only for a case on which death penalty, life imprisonment, or imprisonment with or without prison labor for not less than ten years has been imposed. As such, in the instant case where the Defendant and the person who requested an attachment order (hereinafter “Defendant”) have been sentenced to more minor punishment, the allegation that the amount of punishment is unfair is not legitimate grounds for appeal.

2. Examining the reasoning of the lower judgment regarding the claim for attachment order, in light of the record, the lower court, based on its stated reasoning, likely to recommit a sexual crime against the Defendant

It is reasonable to order the attachment of an electronic tracking device for a period of ten years, and there is no violation of law as alleged in the grounds of appeal.

3. 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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