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(영문) 대법원 2020.03.27 2020도1154
성폭력범죄의처벌등에관한특례법위반(친족관계에의한강제추행)등
Text

All appeals are dismissed.

Reasons

The grounds of appeal are examined.

1. Examining various circumstances pertaining to the accused case, including the age, conduct, intelligence, and environment of the person against whom the probation order was requested (hereinafter “defendant”), the relationship with the victims, the motive and consequence of each of the instant offenses, and the circumstances after the commission of the offense, etc., the determination of the lower court’s punishment, which maintained the first instance judgment that sentenced the Defendant to 10 years imprisonment, cannot be deemed extremely unfair, even in light of the circumstances asserted in the grounds for appeal.

2. As to the case of request for probation order, in a case where the defendant files an appeal against the accused case, the appeal shall be deemed to have been filed as to the case of request for probation order.

However, there is no entry of the grounds of appeal in the petition of appeal and there is no entry of the grounds of appeal in the appellate brief.

3. 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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