beta
(영문) 대법원 2015.06.11 2015도5521

아동ㆍ청소년의성보호에관한법률위반(강간등상해)등

Text

All appeals are dismissed.

Reasons

The grounds of appeal are examined.

1. According to the records on the accused case, the Defendant asserted in the statement of grounds of appeal that he was in a state of mental disorder at the time of each of the instant crimes, along with the assertion of unfair sentencing, and the court below did not clearly withdraw the assertion on the date of trial at the court below.

However, according to the evidence duly adopted by the court below and the first instance court, since it is recognized that the defendant was not in the state of mental or physical disability due to drinking, etc. at the time of each of the crimes in this case, omission of judgment by the court below does not affect the conclusion of the judgment.

In addition, examining various circumstances that form the conditions for sentencing as shown in the records, such as the Defendant’s age and behavior environment, relationship with victims, motive means and consequence of each of the instant crimes, etc., the determination of the lower court’s sentence that sentenced the Defendant to 20 years of imprisonment cannot be deemed to be extremely unfair.

In addition, although the written ground for appeal submitted by the defendant stated that the judgment of the court below contains violation of law or misunderstanding of legal principles, it is not a legitimate ground for 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 statement of grounds for objection in the petition of appeal or 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.