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(영문) 대법원 2020.05.14 2020도3125
성폭력범죄의처벌등에관한특례법위반(강간등상해)등
Text

All appeals are dismissed.

Reasons

The grounds of appeal are examined.

1. As to the accused case, the argument that the lower court erred by omitting judgment on the basic facts of sentencing and by misapprehending the legal principles on sentencing constitutes the allegation of unfair sentencing.

Defendant

In addition, examining various circumstances that form the conditions for sentencing as indicated in the records, such as the age and behavior environment of the person subject to the request for attachment order (hereinafter referred to as the “defendant”), relationship with the victim, the motive and consequence of each of the instant crimes, and the circumstances after the crime, it cannot be deemed that the lower court’s maintenance of the first instance judgment that sentenced the Defendant to 12 years of imprisonment is extremely unfair.

2. With respect to a case for which a request for attachment order is made, if the defendant files a final appeal against the case for which the request for attachment order is filed, the appeal shall be deemed filed

However, there is no indication of the reason in the petition of appeal and there is no ground for objection in the appellate brief.

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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