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(영문) 대법원 2020.09.03 2020도8026

성폭력범죄의처벌등에관한특례법위반(13세미만미성년자위계등간음)등

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All appeals are dismissed.

Reasons

The grounds of appeal are examined.

1. Examining various circumstances in relation to the accused case, including the age and conduct environment of the accused and the person requesting probation order (hereinafter “defendant”), relationship with the victim, motive and consequence of each of the instant crimes, and the circumstances after the crime, etc., the lower court cannot be deemed to have maintained the first instance judgment that sentenced the Defendant to 10 years imprisonment, even in light of the circumstances asserted in the grounds of appeal.

2. As to the case of request for probation order, in a case where the defendant files an appeal against the accused case, the appeal shall be deemed to have been filed as to the case of request for probation order.

However, there is no entry of reasons in the petition of appeal, and 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.