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(영문) 대법원 2013.03.28 2013도1019
성폭력범죄의처벌등에관한특례법위반(13세미만미성년자위계등추행)등
Text

The appeal is dismissed.

Reasons

The grounds of appeal are examined (to the extent of supplement in case of supplemental appellate briefs not timely filed).

1. Examining the reasoning of the lower judgment in light of the records, it is justifiable for the lower court to have rejected the allegation of the Defendant and the person requesting an attachment order (hereinafter “Defendant”) regarding the mental and physical disorder based on the circumstances indicated in its reasoning, and contrary to what is alleged in the grounds of appeal, the lower court did not err by misapprehending the legal doctrine regarding

Examining various circumstances that are conditions for sentencing, such as the Defendant’s age, intelligence and environment, relationship with the victim, motive means and consequence of each of the instant crimes, etc., it cannot be deemed that the lower court’s maintenance of the first instance judgment that sentenced the Defendant to a punishment of 10 years is extremely unfair.

2. As to the claim for attachment order, since the defendant did not claim the attachment order as the grounds for appeal, the claim on this issue cannot be a legitimate ground for appeal, and even if examined ex officio, there is no error in the judgment below as otherwise alleged in the grounds of appeal.

In addition, the argument that the attachment order period is too too long and unfair cannot be a legitimate ground for 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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