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(영문) 대법원 2021.01.14 2020도14935
성폭력범죄의처벌등에관한특례법위반(친족관계에의한강간)등
Text

All appeals are dismissed.

Reasons

The grounds of appeal are examined.

1. Examining various circumstances in relation to Defendant case, including the age, character and conduct environment of the person against whom the attachment order was requested (hereinafter “Defendant”), relationship with the victim, motive means and consequence of each of the instant crimes, and circumstances after the crime, etc., the lower court’s maintenance of the first instance judgment ordering the Defendant to disclose personal information for a period of ten years and ten years, even if considering the circumstances asserted in the grounds of appeal.

2. As to the claim for attachment order, the argument that the attachment period of an electronic tracking device is too long and thus unfair is not a ground for appeal as prescribed in each subparagraph of Article 383 of the Criminal Procedure Act, and thus, is not a legitimate ground for appeal.

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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