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(영문) 대법원 2016.06.10 2016도4416

성폭력범죄의처벌등에관한특례법위반(강간등치상)등

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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 evidence duly adopted by the first instance court, which maintained the reasoning of the lower judgment in relation to the Defendant’s case, the lower court was justifiable to have found the Defendant guilty of violating the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (Bodily Injury resulting from Rape, etc.) and violating the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (Rape, etc.) among the facts charged in the instant case on the grounds stated in its reasoning. In so doing, the lower

In addition, examining various circumstances that form the conditions for sentencing as indicated in the records, such as the age character and character intelligence and environment of the defendant and the person who requested an attachment order (hereinafter “defendant”), relationship with the victim, motive means and consequence of the instant crime, and the circumstances after the crime, etc., even considering the circumstances asserted by the defendant, there is no substantial reason to recognize that the amount of the sentence imposed by the court below, which maintained the judgment of the court of first instance that sentenced 15 years to the defendant, is extremely unfair.

2. As to the case of the request for attachment order, in a case where the defendant files a final appeal against the defendant's case, the appeal shall be deemed to have been filed.

However, there is no statement of reason in the petition of appeal and there is no statement of reason for appeal in the statement of reason for appeal.

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