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(영문) 대법원 2015.06.24 2015도5998
성폭력범죄의처벌등에관한특례법위반(강간등상해)등
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, the lower court’s rejection of the Defendant and the person requesting an attachment order (hereinafter “Defendant”)’s mental and physical disorder based on the circumstances indicated in its reasoning is justifiable, and contrary to what is alleged in the grounds of appeal.

In addition, the argument that the judgment of the court below erred in the misapprehension of legal principles as to sentencing conditions and incomplete deliberation is ultimately an unreasonable sentencing argument.

However, examining various circumstances, such as the Defendant’s age and behavior intelligence and environment, records of the instant crime, and motive, means, and consequence of the instant crime, etc., the determination of the lower court’s punishment, which maintained the first instance judgment that sentenced the Defendant to 12 years of imprisonment, even when considering the circumstances asserted by the Defendant and the public defender, cannot be deemed as significantly unfair.

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

However, there is no indication of the reason in the petition of appeal and there is no ground for appeal on this part.

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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