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(영문) 대법원 2018.02.13 2017도21433
성폭력범죄의처벌등에관한특례법위반(13세미만미성년자강간)등
Text

All appeals are dismissed.

Reasons

The grounds of appeal are examined.

1. The lower court sentenced the Defendant and the requester for the attachment order and the requester for the surveillance order (hereinafter “Defendant”) to 12 years of imprisonment.

Examining various circumstances, such as the Defendant’s age, sex, intelligence and environment, motive, means and consequence of the instant crime, the circumstances after the crime, etc., indicated in the record, the lower court’s sentencing cannot be deemed as extremely unfair even if considering the circumstances alleged in the grounds of appeal.

2. In a case where a request for attachment order or a request for protective observation order is filed by a defendant with respect to a defendant's case, the appeal shall be deemed filed even in regard to the case where the request for attachment order and the request for

However, the petition of appeal did not state the grounds for appeal and did not state the grounds for appeal.

3. The Defendant’s final appeal is dismissed in its entirety as it is without merit. It is so decided as per Disposition by the assent of all participating Justices on the bench.

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