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(영문) 대법원 2015.05.14 2015도3737
성폭력범죄의처벌등에관한특례법위반(장애인유사성행위)등
Text

All appeals are dismissed.

Reasons

The grounds of appeal are examined.

1. Examining the reasoning of the lower judgment in light of the evidence duly admitted by the lower court, the lower court is justifiable to have determined that all of the facts charged in the instant case was guilty (excluding the part concerning acquittal in the grounds of appeal) on the grounds stated in its reasoning. In so doing, contrary to what is alleged in the grounds of appeal, the lower court did not err by exceeding the bounds of the principle

In addition, considering the circumstances revealed in the records, such as the background leading up to the instant crime, the method of the commission of the crime, the act of the accused before and after the instant crime, the circumstances after the instant crime, etc., the Defendant does not seem to have a mental and physical state at the time of the instant crime. Therefore, the lower court did not err by recognizing a mental and physical disorder.

Meanwhile, under Article 383 subparagraph 4 of the Criminal Procedure Act, only in cases where death penalty, life imprisonment, or imprisonment or imprisonment without prison labor for not less than ten years has been imposed, an appeal on the grounds of unfair sentencing is allowed. Thus, in this case where a more minor sentence has been imposed on the defendant, the argument that the sentencing of the punishment

2. As to the case for which a request to attach an attachment order is filed, if the defendant files an appeal against the case for which the request to attach an attachment order is deemed to have been filed, the appeal is deemed to have been filed, but the appellate brief does not state the grounds therefor in the petition of 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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