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(영문) 대법원 2019.03.14 2018도20473

성폭력범죄의처벌등에관한특례법위반(장애인강간)등

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All appeals are dismissed.

Reasons

The grounds of appeal are examined.

1. Examining the reasoning of the lower judgment in light of the relevant legal doctrine and the evidence duly admitted, the lower court did not err by exceeding the bounds of the principle of free evaluation of evidence against logical and empirical rules or by misapprehending the relevant legal doctrine without exhausting all necessary deliberations, contrary to what is alleged in the grounds of appeal.

In addition, examining various circumstances that form the conditions for sentencing indicated in the records, such as the age, behavior intelligence and environment of the defendant and the person subject to a request for attachment order (hereinafter “defendants”), the motive and consequence of each of the crimes of this case, and the circumstances after the crime, etc., the sentencing of the court below against the defendant cannot be deemed to be too unreasonable even if considering the circumstances asserted in the grounds for appeal.

2. With respect to a case for which a request for attachment order is made, if the defendant files a final appeal with respect to the case for which the request for attachment order is filed, the appeal shall be deemed filed.

However, there is no entry of the grounds of appeal in the petition of appeal and there is no entry of the grounds of appeal in the appellate brief.

3. Therefore, all appeals are dismissed. It is so decided as per Disposition by the assent of all participating Justices on the bench.