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(영문) 대법원 2016.07.29 2016도7905
아동ㆍ청소년의성보호에관한법률위반(강간)등
Text

All appeals are dismissed.

Reasons

The grounds of appeal are examined.

1. In light of the following circumstances, upon examining the Defendant’s case and the person who requested an attachment order (hereinafter “Defendant”), the Defendant’s age character and conduct, intelligence and environment, the records of the instant crime, the motive and consequence of the instant crime, and the circumstances after the commission of the crime, etc., the lower court’s sentence sentenced to ten years of imprisonment with prison labor is extremely unfair.

2. Examining the lower court’s judgment and the evidence duly admitted by the first instance court in regard to the case of the request for attachment order order, the lower court’s judgment is likely to repeat a sex crime against the Defendant.

In light of the above, it is justifiable to order the attachment of an electronic tracking device for a period of 20 years, and there is no error as alleged in the grounds of 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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