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(영문) 대법원 2017.07.11 2017도6627
강도살인미수등
Text

All appeals are dismissed.

Reasons

The grounds of appeal are examined.

1. Examining the evidence duly admitted by the first instance court, which maintained the reasoning of the lower judgment in relation to the Defendant case, the lower court was justifiable to have determined that the Defendant was guilty of all of the charges of rape on August 7, 2016 and the quasi-rapes on September 4, 2016, on the grounds indicated in its reasoning. In so doing, the lower court did not err by failing to exhaust all necessary deliberations as alleged in the grounds of appeal, thereby exceeding the bounds of the principle of free evaluation of evidence, contrary to logical and empirical rules.

In addition, considering various circumstances, including the Defendant and the person who requested an attachment order (hereinafter “Defendant”), the age character and character intelligence and environment of the victim, the relationship with the victim, the motive and consequence of the instant crime, and the circumstances after the crime, etc., the determination of the sentence of the lower court, which maintained the first instance judgment that sentenced the Defendant to 20 years of imprisonment, cannot be deemed extremely unfair, even in light of the circumstances asserted by the national defense counsel.

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

However, there is no indication of the reason in the petition of appeal, and there is no reason for objection to 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.

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