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(영문) 대법원 2014.06.12 2014도3895
성폭력범죄의처벌및피해자보호등에관한법률위반(친족관계에의한강간)등
Text

All appeals are dismissed.

Reasons

1. As to the accused case, the grounds of appeal were not submitted within the statutory period.

2. The assertion that the lower court erred in incomplete deliberation or misapprehension of legal principles as to the necessity of medical treatment and custody and the risk of recidivism in regard to medical treatment and custody application cases is not a legitimate ground for appeal, as alleged in the ground of appeal by the Defendant and the person subject to medical treatment and custody application and the person subject to a request to attach an attachment order (hereinafter referred to as the “defendant”) as the grounds for appeal, or

Furthermore, even upon examining records, the lower court did not err by misapprehending the legal doctrine as alleged in the grounds of appeal.

3. The argument that the lower court erred by incomplete deliberation or by misapprehending legal principles as to the risk of re-offending in the lower judgment’s request for attachment order shall not be a legitimate ground of appeal, which is alleged in the ground of appeal that the Defendant is not subject to judgment ex officio or by the lower court.

Furthermore, even upon examining records, the lower court did not err by misapprehending the legal doctrine as alleged in the grounds of appeal.

4. 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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