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(영문) 대법원 2015.06.11 2015도4669

성폭력범죄의처벌등에관한특례법위반(강간등상해)

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All appeals are dismissed.

Reasons

The grounds of appeal are examined.

1. Examining the evidence duly admitted by the first instance court, which maintained the reasoning of the lower judgment, in light of the evidence duly admitted by the lower court, the lower court’s judgment that found the Defendant guilty of the facts charged is justifiable, and contrary to what is alleged in the grounds of appeal, the lower court did not err by exceeding the bounds of the

In addition, examining the reasoning of the judgment below in light of the records, it is just that the court below rejected the argument of the defendant and the person who requested an attachment order (hereinafter referred to as "the defendant") on mental and physical disability based on the circumstances as stated in its reasoning, and there is no violation of law that does not recognize

Furthermore, considering various circumstances, such as the Defendant’s age, character, intelligence and environment, relationship with the victim, motive means and consequence of the instant crime, and circumstances after the crime, etc., it cannot be deemed that the lower court’s determination of punishment, which maintained the first instance judgment that sentenced the Defendant to ten years of imprisonment, is extremely unfair even when considering the circumstances asserted by the Defendant.

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

However, there is no entry of reasons in the petition of appeal or there is no entry of reasons for objection 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 on the bench.