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(영문) 대법원 2014.04.10 2014도2586
성폭력범죄의처벌등에관한특례법위반(특수강간)등
Text

The appeal is 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, based on its reasoning, found the Defendant guilty of violating the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (special Rape) and violating the Punishment of Violences, etc. Act (limited to the use of collective deadly weapons, etc.), theft, and false accusation among the facts charged in the instant case, is justifiable. In so doing, the lower court did not err by failing to exhaust all necessary deliberations and exceeding the bounds of the principle of free

Meanwhile, the Defendant appealed to the remaining guilty portion of the judgment below, but there is no indication of the grounds for appeal in the petition of appeal nor any statement of the grounds for appeal in the appellate brief.

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

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

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