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(영문) 대법원 2014.07.24 2014도6504
강간등
Text

The appeal is dismissed.

Reasons

The grounds of appeal are examined.

1. According to the records as to the accused case, the defendant and the respondent for an attachment order (hereinafter “defendant”) submitted a written appeal within the statutory period, and the appellate brief was also presented within the statutory period. However, although the accused case did not state any reasons in the written appeal and the written appeal contains only the fact that the crime of this case was committed in the state of mental disorder or mental disorder, and does not state any specific reasons, it cannot be deemed

As to the claim for attachment order on September 10, 2009, the lower court maintained the first instance judgment ordering the Defendant to attach an electronic tracking device for ten (10) years, deeming that the risk of recidivism exists, on the grounds as indicated in its reasoning, on the grounds of the request for attachment order.

The judgment below

Examining the reasoning in light of the evidence duly admitted, the lower court did not err in its judgment by misapprehending the legal doctrine on the recidivism of sexual crimes and the risk of recidivism, or by failing to exhaust all necessary deliberations, even in light of the circumstances asserted 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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