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(영문) 대법원 2015.07.23 2015도7454
아동ㆍ청소년의성보호에관한법률위반(강간)등
Text

All appeals are dismissed.

Reasons

The grounds of appeal are examined.

1. According to the records of the case prosecuted, the defendant appealed against the judgment of the first instance, and asserted a mistake of facts as the grounds of appeal along with unreasonable sentencing, but withdrawn the grounds of appeal for mistake of facts, as alleged in the second trial of the original instance.

In such a case, the argument that the lower court erred by mistake of facts cannot be a legitimate ground of appeal.

In addition, considering various circumstances, including the age, character, intelligence, and environment of the Defendant and the person subject to a request to attach an attachment order (hereinafter “Defendant”), relationship with victims, motive and consequence of each of the instant crimes, and the circumstances after the crime, etc., the determination of the lower court’s punishment, which maintained the first instance judgment that sentenced the Defendant to three years of imprisonment and 12 years of imprisonment, cannot be deemed significantly unfair, even in light of the circumstances asserted by the Defendant and his defense counsel.

2. Examining the reasoning of the lower judgment regarding the request for attachment order in light of the record, it is justifiable for the lower court to maintain the first instance judgment ordering the Defendant to attach an electronic tracking device for 20 years, considering that the risk of recidivism of sexual crime and recidivism exists, on the grounds as stated in its reasoning, and there is no error in the misapprehension of the

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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