logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대법원 2015.06.23 2015도5513
성폭력범죄의처벌등에관한특례법위반(강간등살인)등
Text

The appeal is dismissed.

Reasons

The grounds of appeal are examined.

1. Examining the evidence duly admitted by the court of first instance, which maintained the reasoning of the judgment below, the court below is just in finding the Defendant guilty of violating the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes among the facts charged in the instant case on the grounds stated in its reasoning, and contrary to what is alleged in the grounds of appeal, the court below did not err by exceeding the bounds of the principle

In addition, considering various circumstances, including the age, character and conduct, environment, relationship with the victim, motive, means and consequence of the crime, and circumstances after the crime, etc. of the Defendant and the person subject to the request to attach an order (hereinafter “Defendant”), the determination of the lower court’s punishment, which maintained the first instance court sentenced 15 years to the Defendant, cannot be deemed to be extremely unfair, even if considering the circumstances asserted by a public defender.

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

3. Therefore, the appeal is dismissed. It is so decided as per Disposition by the assent of all participating Justices on the bench.

arrow