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(영문) 대법원 2013.09.26 2013도9528
성폭력범죄의처벌및피해자보호등에관한법률위반(친족관계에의한강간)등
Text

All appeals are dismissed.

Reasons

The grounds of appeal are examined.

1. Examining the evidence duly admitted by the court below in light of the evidence, the court below's finding the defendant guilty of paragraphs (1) and (2) of the facts constituting the crime as stated in its reasoning is just, and it is not erroneous in the misapprehension of the law of logic and experience as alleged in the grounds of appeal.

The argument that the judgment of the court below contains an error of not recognizing the mental disorder of the defendant and the person subject to a request to attach an attachment order (hereinafter referred to as "defendant") is not a legitimate ground for appeal, as alleged in the ground for appeal by the defendant, or by the court below that the defendant does not consider it as a ground for

In addition, even if we look at ex officio, there is no error as alleged in the judgment below.

On the other hand, the argument that the circumstances before and after the crime of this case were examined as the grounds of appeal is based on the argument of unfair sentencing.

However, examining various circumstances that may serve as the conditions for sentencing as shown in the records, such as the Defendant’s age, character and conduct, intelligence and environment, relationship with the victim, motive, means and consequence of the crime, and the circumstances after the crime, it cannot be deemed that there is a substantial reason to recognize that the lower court’s sentencing sentenced to 11 years of imprisonment with prison labor against the Defendant and the public defender was extremely unfair even when

2. With respect to a case for which a request for attachment order is made, if the defendant files a final appeal against the case for which the request for attachment order is filed, the final appeal shall be deemed filed.

However, there is no indication of the reason in the petition of appeal and there is no ground for appeal on this part.

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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