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(영문) 대법원 2017.06.15 2017도4885
성폭력범죄의처벌등에관한특례법위반(강간등상해)등
Text

The appeal is dismissed.

Reasons

The grounds of appeal are examined.

1. According to the records on the Defendant’s case, the Defendant and the person to whom the attachment order was requested (hereinafter “Defendant”) appealed against the judgment of the first instance, and asserted, on the grounds of the appeal, that the Defendant and the person to whom the attachment order was requested (hereinafter “Defendant”) were erroneous, mental, or physical weak, along with the sentencing unfair, on the grounds of the appeal, and revoked the grounds of appeal as to mistake or mental, physical,

In such a case, the lower court’s assertion to the effect that the Defendant was in a state of mental disorder at the time of each of the instant crimes cannot be a legitimate ground for appeal.

Meanwhile, the argument that the first instance trial procedure is illegal is not a legitimate ground for appeal, as the defendant asserts that there is no ground for appeal or that there is no ground for the lower court to judge ex officio.

In addition, examining various circumstances that form the conditions for sentencing as shown in the records, such as the Defendant’s age, character and conduct intelligence and environment, relationship with victims, motive means and consequence of the crime, and circumstances after the crime, the determination of the sentence of the lower court, which maintained the first instance judgment that sentenced the Defendant to 12 years of imprisonment, is extremely unfair even when considering the circumstances asserted by the Defendant.

2. With respect to a case for which a request to attach an attachment order is filed, a final appeal shall be deemed filed against the case for which the defendant filed a final appeal regarding the case of the defendant;

However, there is no indication of the reason in the petition of appeal and there is no reason for objection in the petition of appeal.

3. 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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