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(영문) 대법원 2019.01.17 2018도17411
성폭력범죄의처벌및피해자보호등에관한법률위반(특수강도강간등)등
Text

All appeals are dismissed.

Reasons

The grounds of appeal are examined.

1. In principle, the appellate court shall reverse the judgment of the first instance and render a judgment again when it recognizes the grounds for reversal in the judgment of the first instance, except where the appellate court reverses the judgment of the first instance on the grounds that the dismissal of prosecution or the judgment of violation of jurisdiction is in violation

(See Articles 364(6) and 366 of the Criminal Procedure Act). It is evident that the first instance judgment in this case does not constitute dismissal of public prosecution or a judgment of violation of jurisdiction, which is subject to reversal and transmission.

Therefore, contrary to what is alleged in the grounds of appeal, the lower court did not err by misapprehending the legal doctrine on the reversal of judgment under Article 364 of the Criminal Procedure Act, thereby infringing

In addition, examining various circumstances that are the conditions for sentencing as shown in the records, such as the age and behavior environment of the Defendant and the person subject to the request for attachment order (hereinafter “Defendant”), relationship with the victims, motive means and consequence of each of the instant crimes, and the circumstances after the crime, etc., the sentencing of the lower court that sentenced 13 years to the Defendant cannot be deemed significantly unfair, even in light of the circumstances asserted in the grounds of appeal.

2. With respect to the case for which the request for attachment order is filed, a final appeal shall be deemed filed against the case for which the defendant files a final appeal against the case for which the attachment order is requested.

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.

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