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(영문) 대법원 2014.11.13 2014도10487
성폭력범죄의처벌등에관한특례법위반(13세미만미성년자강간)등
Text

All appeals are dismissed.

Reasons

The grounds of appeal are examined.

1. As to Defendant B’s ground of appeal

A. Examining the reasoning of the lower judgment on the part of the Defendant case in light of the evidence duly admitted by the lower court, the lower court is justifiable to have convicted the Defendant and the person requesting an attachment order of all of the charges in the instant case of violation of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (a minor rape under the age of 13) and violation of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (a rape in relation to relatives) on the grounds stated in its reasoning, and contrary to what is alleged in the grounds of appeal,

B. Examining the reasoning of the lower judgment on the part of the claim for attachment order in light of the evidence duly admitted by the lower court, it is justifiable for the lower court to maintain the first instance judgment ordering the Defendant and the respondent for attachment order to attach an electronic tracking device for 20 years based on the fact-finding of the Defendant’s conviction as to the Defendant case

2. Examining the reasoning of the lower judgment as to Defendant A’s grounds of appeal in light of the evidence duly admitted by the lower court, the lower court, on the grounds indicated in its reasoning, found the Defendant guilty of all of the ancillary charges (excluding the part on acquittal in the grounds) against the Defendant, and of violation of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (Rape in Minors under the age of 13) and the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (Rape in relation to relatives) around July 201 through 8, 201, is justifiable. In so doing, contrary to what is alleged in the grounds of appeal,

3. Therefore, all appeals are dismissed.

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