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(영문) 대법원 2016.01.14 2015도16994

성폭력범죄의처벌등에관한특례법위반(특수강도강간등)등

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All appeals are dismissed.

Reasons

The grounds of appeal are examined.

1. The argument that the lower court’s judgment’s failure to deliberate on the circumstances that serve as the condition for sentencing constitutes an unfair argument in sentencing.

Accordingly, according to Article 383 subparagraph 4 of the Criminal Procedure Act, an appeal on the grounds of an unfair sentencing can be filed only where a sentence of death penalty, life imprisonment, or imprisonment with or without prison labor for not less than ten years has been imposed. Thus, the argument that the Defendant and the person who requested an attachment order (hereinafter “Defendant”) were unduly unfair in the instant case where a more minor sentence has been imposed on the Defendant and the person who requested an attachment order (hereinafter “Defendant”) cannot be justified.

2. As to the case for which a request to attach an attachment order is filed, a final appeal shall be deemed filed regarding the case for which the defendant filed a final appeal regarding the defendant's case.

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.