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(영문) 대법원 2016.09.28 2016도10853
강제추행등
Text

All appeals are dismissed.

Reasons

The grounds of appeal are examined.

1. Examining the reasoning of the lower judgment regarding the Defendant’s case in light of the record, it is justifiable for the lower court to have rejected the assertion on the mental and physical weakness of the Defendant and the requester for an attachment order (hereinafter “Defendant”), based on the circumstances indicated in its reasoning, and there is no error of misapprehending the legal doctrine on the mental and physical weakness, as otherwise alleged in the

In addition, pursuant to Article 383 subparagraph 4 of the Criminal Procedure Act, only in cases where death penalty, life imprisonment, or imprisonment with or without prison labor for not less than ten years is imposed, an appeal is permitted for the wrongful grounds for sentencing. Thus, the argument that the amount of punishment is unfair is not a legitimate ground for appeal in this case where a more minor sentence is imposed against the defendant.

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

The judgment of the court of first instance ordering the attachment of an electronic tracking device for a period of five years is just, 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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