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(영문) 대법원 2012.11.15 2012도10410
성폭력범죄의처벌등에관한특례법위반(특수강도강간등)등
Text

The judgment below is reversed, and the case is remanded to Busan High Court.

Reasons

1. The grounds of appeal are examined. A.

The judgment below

In light of the records, the court below is just in rejecting the defendant's claim of mental disability on the ground that the defendant and the person to whom the attachment order was requested (hereinafter "the defendant") did not make a mental appraisal of the person to whom the attachment order was requested, and there is no error of law by misapprehending the legal principles as to the defect or mental disability as alleged in the grounds of

In addition, the argument that it would accept mental sentiment cannot be a legitimate ground for appeal.

B. Examining various circumstances, such as the Defendant’s age, character, intelligence, and environment, the motive, means, and consequence of the instant crime, and the circumstances after the crime, etc., the determination of the lower court’s imprisonment with prison labor for 17 years cannot be deemed to be extremely unfair even when considering the circumstances asserted by a state appointed defense counsel.

C. According to the records, the defendant appealed against the judgment of the court of first instance on the ground that the judgment of the court below was based only on the grounds for appeal and unfair sentencing (this refers to the defendant's assertion to the effect that "self-denunciation mitigation" was made by submitting the document "Istan and reflectivity" only after the closing of argument in the court of first instance, and the defendant's assertion on mitigation of self-denunciation does not fall within the scope of the judgment of the court below, and therefore, it does not constitute an error even

Furthermore, in light of the records, even if the court below did not reduce self-denunciation, it cannot be deemed that the defendant voluntarily surrendered, and it is merely that the court can voluntarily reduce the punishment against the self-denunciation.

2. The decision is made ex officio.

(1) The Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes was enacted and promulgated on April 15, 2010.

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