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(영문) 대법원 2017.12.28 2017도17673

성폭력범죄의처벌및피해자보호등에관한법률위반(특수강도강간등)등

Text

All appeals are dismissed.

Reasons

The grounds of appeal are examined.

1. As to the defendant case

A. Examining the reasoning of the lower judgment in light of the evidence duly admitted, the lower court was justifiable to have found the Defendant guilty of violating the Act on the Punishment of Sexual Crimes and Protection of Victims thereof (special robbery, etc.) on September 23, 2005 among the facts charged in the instant case on the grounds stated in its reasoning.

Contrary to the allegations in the grounds of appeal, the lower court did not err by exceeding the bounds of the principle of free evaluation of evidence against logical and empirical rules.

B. According to the records, the Defendant and the requester for an attachment order (hereinafter “Defendant”) appealed against the judgment of the first instance, and asserted only unfair sentencing on the grounds of appeal.

In such a case, the argument that the lower court erred by mistake of facts as to the charge of violation of the Act on the Punishment of Sexual Crimes and Protection, etc. of Victims thereof (special robbery, etc.) and violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes from March 21, 2009 among the facts charged in the instant case is not a legitimate ground for appeal.

(c)

Examining the Defendant’s age, sexual conduct, environment, relationship with the victim, motive means and consequence of the instant crime, and various circumstances that form the conditions for sentencing indicated in the records, such as the circumstances after the commission of the crime, there is a substantial reason to recognize that the amount of the lower court’s imprisonment with prison labor for a period of 14 years is extremely unfair even when considering the circumstances asserted by the defense counsel.

subsection (b) of this section.

2. As to the 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 grounds for appeal in the petition of appeal and there is no indication of the grounds 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.