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(영문) 대법원 2015.10.29 2015도13428
성폭력범죄의처벌등에관한특례법위반(강간등상해)등
Text

All appeals are dismissed.

Reasons

The grounds of appeal are examined.

1. Examining the grounds of appeal by Defendant A in light of the evidence duly admitted by the first instance court, which maintained the reasoning of the lower judgment, the lower court was justifiable to have determined that Defendant A was guilty of 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, and contrary to what is alleged in the grounds of appeal, the lower court did not err by exceeding the bounds of the principle of free evaluation of evidence

2. Examining the grounds of appeal by Defendant B in light of the evidence duly admitted by the first instance court, which maintained the reasoning of the lower judgment, the lower court was justifiable to have found Defendant B guilty of the facts charged in this case on the grounds stated in its reasoning. In so doing, contrary to what is alleged in the grounds of appeal, the lower court did not err by exceeding the bounds of the principle of free evaluation of evidence

In addition, considering various circumstances, including Defendant B’s age, character, intelligence and environment, motive, means and consequence of the instant crime, relationship with the victim, and circumstances after the crime, the determination of the lower court’s sentence, which maintained the first instance judgment that sentenced 12 years to imprisonment with prison labor, is extremely unfair even when considering the circumstances asserted by the defense counsel.

3. 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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