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(영문) 대법원 2018.06.19 2018도5640
아동ㆍ청소년의성보호에관한법률위반(강간등)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, it is justifiable to find the lower court guilty on the charge of the instant case (excluding the part on acquittal of the reasoning) on the grounds stated in its reasoning.

In so doing, contrary to the allegations in the grounds of appeal, the lower court did not err by exceeding the bounds of free evaluation of evidence against logical and empirical rules, or by misapprehending relevant legal principles.

In addition, considering the following circumstances: (a) the age, sexual conduct, environment, relationship with the victim, motive and consequence of the instant crime; and (b) the circumstances after the commission of the crime, etc. of the Defendant and the person who requested the attachment order (hereinafter “Defendant”), the determination of the lower court’s punishment, which sentenced ten years to the Defendant, is extremely unfair even if considering the circumstances asserted by the Defendant and his defense counsel.

2. As to the case for which a request to attach an attachment order is filed, a final appeal shall be deemed to have been filed regarding the case for which the defendant filed a final appeal.

However, there is no indication of the reason in the petition of appeal and there is no indication of the reason for appeal in the petition of appeal.

3. Therefore, 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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