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(영문) 대법원 2017.01.25 2016도19354
성폭력범죄의처벌등에관한특례법위반(특수강도강간)등
Text

All appeals are dismissed.

Reasons

The grounds of appeal are examined.

1. According to the records on the Defendant’s case, the Defendant and the person to whom the attachment order was requested (hereinafter “Defendant”) filed an appeal against the judgment of the first instance, and asserted the unlawful mental disorder along with the sentencing on the grounds of appeal, but withdrawn the allegation of mental disorder on the first trial date of the lower court.

In such a case, the argument that the lower court erred by misapprehending the legal principles, or by misapprehending the legal principles on the omission or omission of judgment on the mental or physical weakness is not a legitimate ground for appeal.

In addition, considering various circumstances, such as the Defendant’s age character and conduct, intelligence and environment, relationship with victims, motive and consequence of each of the instant crimes, and the circumstances after the commission of the crime, there is no substantial reason to recognize that the lower court’s determination of punishment is extremely unfair, which maintained the first instance judgment that sentenced the Defendant to two and a half years of imprisonment and ten years of imprisonment, even in consideration of the circumstances asserted by the Defendant.

2. As to the case of the request for attachment order, in a case where the defendant filed an appeal against the defendant's case, the appeal is deemed to have been filed as to the case of the request for attachment order, but the appeal does not state the grounds for appeal and the reasons for appeal do not indicate the grounds for appeal.

3. 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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