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(영문) 대법원 2016.08.30 2016도10556

강간치상

Text

All appeals are dismissed.

Reasons

The grounds of appeal are examined.

1. Examining the reasoning of the lower judgment regarding the Defendant case in light of the record, it is justifiable for the lower court to have rejected the assertion on the mental and physical weakness of the Defendant and the requester for an attachment order (hereinafter “Defendant”), based on the circumstances stated in its reasoning, and there is no error by failing to exhaust all necessary deliberations as alleged in the grounds of appeal, in violation of logical and empirical rules and exceeding the bounds of the principle of free evaluation.

In addition, examining various circumstances that form the conditions for sentencing as shown in the record, such as the Defendant’s age character and character intelligence and environment, records of the crime, and the motive, means, and consequence of the crime in this case, the determination of the sentence of the lower court, which maintained the first instance judgment that sentenced the Defendant to ten years of imprisonment, is extremely unfair.

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

However, there is no indication of the reason in the petition of appeal and there is no indication of the reason for appeal in the petition 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.