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(영문) 대법원 2013.10.24 2013도9684
성폭력범죄의처벌등에관한특례법위반(장애인강간)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, on the grounds stated in its reasoning, found the Defendant guilty of violating the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (rape, etc. against the disabled) among the facts charged in the instant case, and ordered the Defendant and the respondent for an attachment order (hereinafter “Defendant”) to disclose information about the Defendant for seven years, is justifiable. In so doing, contrary to what is alleged in the grounds of appeal, the lower court did not err by failing to exhaust all necessary deliberations or by misapprehending the legal doctrine on the crime of violating the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (rape

2. Examining the reasoning of the lower judgment in light of the evidence duly admitted by the lower court with respect to the request for attachment order, it is justifiable that the lower court, on the grounds stated in its reasoning, found the Defendant to have committed sexual crimes twice or more, and ordered the attachment of an electronic tracking device for ten years by deeming that the Defendant was at risk of recidivism, and there is no error of law as otherwise

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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