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(영문) 대법원 2021.01.28 2020도15898
성폭력범죄의처벌등에관한특례법위반(강간등치상)등
Text

All appeals are dismissed.

Reasons

The grounds of appeal are examined.

1. Examining the various circumstances that form the conditions for sentencing as indicated in the records, such as the age, character and conduct environment, relationship with the victim, motive and consequence of the instant crime, and the circumstances after the crime, as to the Defendant’s case, the lower court’s maintenance of the first instance judgment that sentenced the Defendant to 12 years imprisonment is extremely unfair, even in light of the circumstances asserted in the grounds of appeal.

2. As to the case of the claim for protection observation order, in a case where the defendant files a final appeal against the defendant's case, the case of the claim for protection observation order shall be regarded as filing a final appeal.

However, there is no indication in the petition of appeal the reason for appeal and there is no indication in the statement of reason for 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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