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(영문) 대법원 2017.04.13 2017도2799
성폭력범죄의처벌등에관한특례법위반(특수강도강간)등
Text

The appeal is dismissed.

Reasons

The grounds of appeal are examined.

1. Examining the reasoning of the lower judgment regarding the Defendant’s case in light of the records, it is justifiable for the lower court to have rejected the assertion on the mental and physical weakness of the Defendant and the requester for an attachment order (hereinafter “Defendant”) on the grounds stated in its reasoning, and there is no error of law as alleged in the grounds of appeal.

Meanwhile, according to the records, while filing an appeal against the judgment of the court of first instance, the defendant argued that there was a mistake of facts, mental or physical weakness along with the sentencing on the grounds of the appeal, but withdrawn the grounds for appeal as to mistake of facts at the third and sixth trial date of the court below.

In such a case, the argument that the lower court violated the rules of evidence does not constitute a legitimate ground for appeal.

In addition, considering various circumstances that are conditions for sentencing, such as the defendant's age, sex, environment, family relationship, motive, means and progress of the crime, and circumstances after the crime, there is a substantial reason to recognize that the sentencing of the court below that sentenced 10 years to the defendant was extremely unfair even if considering the circumstances asserted by the defendant's defense counsel.

shall not be deemed to exist.

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

However, there is no indication of the reason in the petition of appeal and there is no indication of the reason for appeal in the petition of appeal.

3. 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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