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(영문) 대법원 2019.05.16 2019도3206
성폭력범죄의처벌등에관한특례법위반(특수강도유사강간)등
Text

All appeals are dismissed.

Reasons

The grounds of appeal are examined.

1. As to the prosecuted case, the lower court convicted the Defendant of the instant facts charged, on the grounds indicated in its reasoning.

The judgment below

Examining the reasoning in light of the evidence duly admitted, the lower court did not err in its judgment by exceeding the bounds of the principle of free evaluation of evidence against logical and empirical rules.

Defendant

In addition, the person subject to the request for attachment order (hereinafter referred to as the "defendant") stated on the cover of the appellate brief that "the court below erred by violating the Constitution, laws, orders, and rules, or by misunderstanding the legal principles, which affected the conclusion of the judgment," and did not state specific reasons, it is not a legitimate ground for appeal.

Although the Defendant asserts to the effect that the Defendant was in a state of mental disability at the time of committing the instant crime, it cannot be a legitimate ground for appeal, as it asserts that the lower court’s legitimate ground for appeal was a legitimate ground for appeal, or that the lower court did not have decided ex officio.

In addition, examining various circumstances that form the conditions for sentencing as shown in the records, such as the Defendant’s age and behavior environment, relationship with the victim, motive means and consequence of each of the instant crimes, etc., it cannot be deemed that the lower court maintained the first instance judgment that sentenced the Defendant to 12 years of imprisonment, even if considering the circumstances asserted in the grounds of appeal.

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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