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(영문) 대법원 2013.08.23 2013도7218
성폭력범죄의처벌등에관한특례법위반(특수강도강간등)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 first instance court, which maintained the reasoning of the lower judgment, the lower court’s determination that all the facts charged by the Defendant and the respondent for attachment order (hereinafter “defendants”) were found guilty and rejected the allegation on mental and physical disorder based on the reasons and circumstances stated in its reasoning and the lower court’s determination is justifiable.

The court below did not err by exceeding the bounds of the principle of logic and experience or by exceeding the bounds of the free evaluation of evidence, or by misapprehending the legal principles on the Voluntary confession,

Furthermore, in full view of the following circumstances, comprehensively taking into account the Defendants’ age and behavior environment, relationship with victims, motive means and consequence of the instant crime, and the circumstances after the crime, etc., the determination of the lower court’s respective punishment against the Defendants cannot be deemed extremely unfair.

2. In the event that the Defendants filed an appeal against the accused case regarding the case claiming the attachment order, the appeal is deemed to have been filed regarding the case claiming the attachment order, but the appellate brief does not state the grounds for appeal and does not find any statement of grounds for appeal as to the appellate brief.

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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