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(영문) 대법원 2013.03.28 2013도1015
강간미수
Text

All appeals are dismissed.

Reasons

The grounds of appeal are examined.

1. Examining the reasoning of the lower judgment in light of the records, it is justifiable for the lower court to have rejected the Defendant and the respondent for attachment order (hereinafter “Defendant”)’s assertion on mental and physical disability based on the circumstances indicated in its reasoning, and there is no error of misapprehending the legal doctrine as otherwise alleged in the grounds of appeal

The remaining grounds of appeal by the Defendant merely criticizes the selection of evidence and the recognition of facts belonging to the exclusive jurisdiction of the lower court, which is a fact-finding court, or criticizes the determination of the lower court’s sentence unreasonable, and thus, cannot be a legitimate ground

2. In full view of all the circumstances indicated in the records, such as the Defendant’s criminal history, character and conduct, age, details of each of the instant crimes, and motive and method of committing the crime, the lower court’s determination that the Defendant is in danger of repeating the crime is justifiable.

There is no error of misapprehending the legal principles as to mistake of facts or risk of recidivism, as alleged in the grounds 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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