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(영문) 대법원 2019.07.24 2019도6823
성폭력범죄의처벌등에관한특례법위반(강간등살인)등
Text

All appeals are dismissed.

Reasons

The grounds of appeal are examined.

1. According to the records on the determination of the accused case, the accused and the respondent for the attachment order and the respondent for the treatment order (hereinafter “defendant”) appealed against the judgment of the first instance, and only asserted unreasonable sentencing as the grounds for appeal.

In such a case, the argument that the lower court erred by mistake of facts or by misapprehending the legal principles cannot be a legitimate ground for appeal.

In addition, examining various circumstances that form the conditions for sentencing as shown in the records, such as the Defendant’s age and behavior intelligence and environment, relationship with the victim, motive means and consequence of each of the instant crimes, etc., it cannot be deemed extremely unfair to maintain the first instance judgment that sentenced the Defendant to imprisonment for life even when considering the circumstances alleged by the Defendant.

2. If a defendant files an appeal against a prosecuted case regarding the case of the request for attachment order and the case of the medical treatment order, he/she shall be deemed to have filed an appeal regarding the case of the request for attachment order and the case of medical treatment order request

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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