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(영문) 대법원 2014.07.24 2014도6748
성폭력범죄의처벌등에관한특례법위반(친족관계에의한강간)등
Text

All appeals are dismissed.

Reasons

The grounds of appeal are examined.

1. Examining the reasoning of the lower judgment in light of the evidence duly admitted by the lower court, the lower court is justifiable to have convicted all of the facts charged of the instant case on the grounds stated in its reasoning. In so doing, contrary to what is alleged in the grounds of appeal, the lower court did not err by exceeding the bounds of the principle of free evaluation of evidence against logical and empirical rules, failing to exhaust all necessary deliberations, by exceeding the bounds of the principle of free evaluation of evidence against logical and empirical rules, by exceeding the credibility of the victim’s statement

In addition, under Article 383 subparagraph 4 of the Criminal Procedure Act, only in cases where death penalty, life imprisonment, or imprisonment or imprisonment without prison labor for not less than ten years has been imposed, an appeal on the grounds of unfair sentencing is allowed. Thus, in this case where a more minor sentence has been imposed on the defendant, the argument that the sentencing of

2. The court below is just in ordering the defendant to attach an electronic tracking device for six years, considering the defendant's age, happiness and environment before the defendant's age, as well as the motive, means, and consequence of each of the crimes of this case, and the circumstances after the crime, etc. in light of the records, and the court below's order to attach an electronic tracking device for six years, considering the defendant's risk of recidivism

The period of attachment of an electronic tracking device cannot be excessive.

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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