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(영문) 대법원 2020.09.24 2020도9147
성폭력범죄의처벌등에관한특례법위반(13세미만미성년자강간)등
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All appeals are dismissed.

Reasons

The grounds of appeal are examined.

1. Examining various circumstances that form the conditions for sentencing, such as the age and behavior environment of the Defendant and the person requesting probation order (hereinafter “Defendant”), relationship with the victim, the motive and consequence of the instant crime, and the circumstances after the crime, as indicated in the records of the instant case, even if considering the circumstances asserted in the grounds of appeal, it is extremely unfair to maintain the judgment of the first instance court that sentenced the Defendant to 10 years of imprisonment with prison labor.

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 reasons in the petition of appeal, and there is no entry of reasons for objection in the petition of appeal.

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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