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(영문) 대법원 2014.08.20 2014도7261
성폭력범죄의처벌등에관한특례법위반(강간등살인)등
Text

The appeal is dismissed.

Reasons

The grounds of appeal are examined.

According to the records, the defendant appealed against the judgment of the court of first instance and asserted only unfair sentencing as the grounds for appeal.

In this case, the argument that the judgment below erred in mistake of facts cannot be a legitimate ground for appeal.

In addition, examining various circumstances, such as the age, character, intelligence and environment of the defendant, and the motive, means and consequence of the crime of this case, and the circumstances after the crime, etc., the determination of the sentence of the court of first instance that maintained the judgment of the court of 18 years, which sentenced the defendant to 18 years of imprisonment, is extremely unfair even if considering the circumstances asserted by the defendant and public defender

Therefore, the appeal is dismissed. It is so decided as per Disposition by the assent of all participating Justices on the bench.

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