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(영문) 대법원 2013.11.28 2013도11415

성폭력범죄의처벌등에관한특례법위반(13세미만미성년자강간등)등

Text

All appeals are dismissed.

Reasons

The grounds of appeal are examined.

1. Examining various circumstances pertaining to the accused case, including the age, character and conduct, environment, relationship with the victim, motive, means and consequence of the crime, and the circumstances after the crime, etc. of the accused and the person subject to a request to attach an order to attach an electronic device (hereinafter “defendant”), the determination of the lower court’s sentence which has maintained the first instance judgment that sentenced the Defendant to 20 years of imprisonment cannot be deemed significantly unfair.

2. Examining the records on medical treatment and custody cases in light of the records, the court below's decision that maintained the first instance court which declared the defendant's medical treatment and custody since the defendant needs to receive medical treatment at the medical treatment and custody facility and the risk of recidivism is just and there is no error in the misapprehension of legal principles

3. As to the attachment order case, if the defendant files an appeal against the prosecuted case, the appeal shall be deemed to have been filed regarding the attachment order case.

However, there is no indication of the reason in the petition of appeal and there is no ground for appeal on this part.

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