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(영문) 대법원 2019.10.18 2019도11063
아동ㆍ청소년의성보호에관한법률위반(강간)등
Text

All appeals are dismissed.

Reasons

The grounds of appeal are examined.

1. Examining the following circumstances as to the Defendant and the person against whom the attachment order was requested (hereinafter referred to as the “Defendant”), including the age, criminal record, character and conduct, the environment, the relationship with the victim, the motive and consequence of the instant crime, and the circumstances after the crime, etc., the determination of the lower court’s imprisonment with prison labor for not less than 12 years cannot be deemed significantly unfair, even in light of the circumstances asserted in the grounds of appeal.

The Defendant’s assertion that he was in a state of mental disorder at the time of committing each of the crimes in this case is not a legitimate ground of appeal, since the Defendant’s ground of appeal was asserted that the Defendant did not consider it as the ground of appeal, or that

Furthermore, even after ex officio examination of the facts leading to each of the instant crimes, the Defendant cannot be deemed to have been in a state of mental disorder at the time of each of the instant crimes, in view of the background of each of the instant crimes, the method of commission of crimes,

2. With respect to the case for which the request for attachment order is filed, if the defendant files an appeal against the case for which the request for attachment order is filed, the appeal shall be deemed filed.

However, there is no entry of reasons in the petition of appeal, and there is no entry of reasons for objection 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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