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(영문) 대법원 2017.12.07 2017도16351

성폭력범죄의처벌등에관한특례법위반(특수강도강간)등

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All appeals are dismissed.

Reasons

The grounds of appeal are examined.

1. Review of the record on the grounds of Defendant A’s appeal reveals that Defendant A appealed against the judgment of the first instance, and Defendant A asserted only unfair sentencing on the grounds of appeal.

In such a case, the allegation that there was error by misapprehending the legal principles cannot be a legitimate ground for appeal.

In addition, the argument that the lower court’s failure to deliberate on the grounds for sentencing is ultimately an unfair argument in sentencing.

However, examining various circumstances, such as Defendant A’s age character and conduct, intelligence and environment, relationship with the victim, motive and consequence of the instant crime, and circumstances after the crime, etc., the lower court’s sentence sentenced to 15 years imprisonment with prison labor against Defendant A is extremely unfair, even when considering the circumstances asserted by Defendant A and the national defense counsel on the grounds of appeal.

2. Review of the record on the grounds of Defendant B’s appeal reveals that Defendant B appealed against the judgment of the first instance, and only asserted the illegality of sentencing on the grounds of appeal.

In such a case, the allegation that there was error by misapprehending the legal principles cannot be a legitimate ground for appeal.

In addition, examining various circumstances that form the conditions for sentencing as shown in the records, such as Defendant B’s age character and character, intelligence and environment, relationship with the victim, motive and consequence of the instant crime, and the circumstances after the crime, etc., even if considering the circumstances asserted by Defendant B and the National Defense Counsel for the reasons of appeal, the lower court’s sentence that sentenced Defendant B 15 years to imprisonment is extremely unfair.

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