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(영문) 대법원 2014.04.30 2014도2683

성폭력범죄의처벌및피해자보호등에관한법률위반(13세미만미성년자강간등)등

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The appeal is dismissed.

Reasons

The grounds of appeal are examined.

1. Examining the evidence duly admitted by the first instance court, which maintained the reasoning of the lower judgment, in light of the evidence duly admitted by the lower court, the lower court is justifiable to have found the Defendant guilty of the instant facts charged on the grounds stated in its reasoning. In so doing, contrary to what is alleged in the grounds of appeal, the lower court did not err by exceeding the bounds of the principle of free evaluation of evidence against logical and empirical rules,

Furthermore, examining 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 the victim, motive and consequence of each of the instant crimes, and circumstances after the crime, etc., the lower court cannot be deemed extremely unfair to sentence the Defendant to 12-year imprisonment.

2. With respect to a case for which an attachment order is requested, if the defendant files a final appeal against the case, the appeal shall be deemed filed regarding the case for which the attachment order is requested.

However, there is no entry of reasons in the petition of appeal or there is no entry of reasons for objection in the petition of appeal.

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