성폭력범죄의처벌등에관한특례법위반(강간등상해)
The appeal is dismissed.
The grounds of appeal are examined.
The judgment below
Examining the evidence duly adopted by the court of first instance, the court below’s determination that the charges of this case were guilty on the grounds stated in its reasoning is just, and contrary to what is alleged in the grounds of appeal, the court below did not err by exceeding the bounds of the principle of free evaluation of evidence against logical and empirical rules, or by misapprehending the legal principles on intentional deliberation.
In addition, examining the reasoning of the lower judgment in light of the records, the lower court is justifiable to have rejected the Defendant’s assertion on the mental and physical disorder on the grounds as stated in its reasoning.
In addition, considering various circumstances, such as the Defendant’s age and behavior intelligence and environment, the history of the instant crime, the motive and consequence of the instant crime, and the circumstances after the crime, etc., the determination of the lower court’s punishment, which maintained the first instance judgment that sentenced the Defendant to ten years of imprisonment, cannot be deemed to be extremely unfair even when considering the circumstances asserted by the Defendant and the public defender.
Therefore, the appeal is dismissed. It is so decided as per Disposition by the assent of all participating Justices on the bench.