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(영문) 대법원 2018.11.29 2018도14535

성폭력범죄의처벌등에관한특례법위반(강간등살인)등

Text

All appeals are dismissed.

Reasons

The grounds of appeal are examined.

1. According to the record as to the defendant's case, the defendant appealed against the judgment of the court of first instance and asserted only unfair sentencing on the grounds of appeal.

In such a case, the argument that the defendant was in a state of mental and physical loss at the time of the crime of this case is not a legitimate ground for appeal.

In addition, examining various circumstances, such as the defendant's age, sex, intelligence and environment, relationship between victims, motive, means and consequence of the crime, and circumstances after the crime, etc., even if considering the circumstances asserted by the defendant and the national defense counsel on the grounds of appeal, the sentencing of the court below against the defendant is too unreasonable.

2. As to the case of the request for attachment order, in a case where the defendant files a final appeal against the defendant's case, the appeal shall be deemed to have been filed.

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

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