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(영문) 대법원 2016.12.01 2016도14103
성폭력범죄의처벌등에관한특례법위반(특수강도강간)등
Text

The appeal is dismissed.

Reasons

The grounds of appeal are examined.

According to the records, the defendant appealed against the judgment of the court of first instance and asserted only unfair sentencing as the grounds for appeal.

In such a case, the argument that the court below erred in mistake of facts, misunderstanding of legal principles, or incomplete hearing on the grounds of mental or physical disorder is not a legitimate ground for

In addition, considering the following circumstances, comprehensively taking into account the Defendant’s age and behavior environment, relationship with the victim, motive means and consequence of the instant crime, and the circumstances subsequent to the instant crime, there is no substantial reason to recognize that the lower court’s determination of the sentence, which maintained the first instance judgment that sentenced the Defendant to 13 years of imprisonment, was extremely unfair even when considering the circumstances asserted by the Defendant.

Therefore, the appeal is dismissed. It is so decided as per Disposition by the assent of all participating Justices on the bench.

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