beta
(영문) 대법원 2015.01.29 2014도14442

성폭력범죄의처벌및피해자보호등에관한법률위반(친족관계에의한강간)등

Text

All appeals are dismissed.

Reasons

The grounds of appeal are examined (to the extent of supplement in case of supplemental appellate briefs not timely filed).

1. Examining 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 all the charges of this case 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 failing to exhaust all necessary deliberations, by misapprehending the rules of logic and experience and exceeding the bounds of

In addition, in full view of various circumstances, including the age, character, intelligence and environment of the person against whom the attachment order was requested (hereinafter “defendants”), and the motive, means and consequence of the instant crime, and the circumstances after the crime, etc., the determination of the sentence by the court below, which sentenced 12 years to the Defendant, cannot be deemed to be extremely unfair even in light of the circumstances asserted in the ground of appeal.

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

However, there is no entry of the grounds of appeal in the petition of appeal and there is no entry of the grounds of appeal in the appellate brief.

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