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(영문) 대법원 2020.11.26 2020도12106
성폭력범죄의처벌등에관한특례법위반(장애인강간)등
Text

The appeal is dismissed.

Reasons

The grounds of appeal are examined.

For the reasons indicated in its holding, the lower court upheld the first instance judgment that convicted of the instant facts charged.

The judgment below

Examining the reasoning in light of the relevant legal principles and evidence duly admitted, the lower court did not err in its judgment by exceeding the bounds of the principle of free evaluation of evidence in violation of logical and empirical rules, or by misapprehending the legal doctrine

Examining various circumstances, such as the Defendant’s age and behavior environment, relationship with victims, motive means and consequence of each of the instant crimes, etc., as indicated in the records, it is extremely unfair to maintain the judgment of the first instance court that sentenced the Defendant to 12 years of imprisonment, even in light of the circumstances asserted in the grounds of appeal.

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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