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(영문) 대법원 2017.05.11 2017도3599
성폭력범죄의처벌등에관한특례법위반(13세미만미성년자강간등)등
Text

All appeals are dismissed.

Reasons

The grounds of appeal are examined.

1. As to the defendant case

A. Examining various circumstances, as to the grounds for appeal by the Defendant and the person to whom the attachment order was requested (hereinafter “Defendant”), including the Defendant’s age character and character, intelligence and environment, relationship with the victim, motive and consequence of each of the instant crimes, and circumstances following the crime, etc., it is extremely unfair to maintain the first instance judgment that the lower court sentenced the Defendant to 17 years of imprisonment, even in light of the circumstances asserted in the grounds for appeal.

B. As to the reasons for the prosecutor’s appeal, the lower court, on the grounds indicated in its reasoning, specified the dismissal part of the public prosecution in the judgment of the first instance among the facts charged in the instant case to the extent that it limited the subject of the trial to the extent stated in the relevant facts charged, or

Considering that it cannot be said, the judgment of the first instance, which rendered a dismissal judgment, was maintained as it is.

The judgment below

In light of the records, the above judgment of the court below is just, and there is no error of law by misapprehending the legal principles as to the specification of facts charged, as alleged in the grounds of appeal.

2. As to the case of the request for attachment order, a prosecutor’s appeal is deemed to have been filed as to the case of the defendant’s appeal.

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