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(영문) 대법원 2020.09.03 2020도8493
살인미수등
Text

The appeal is dismissed.

Reasons

The grounds of appeal are examined.

Of the facts charged in the instant case, the lower court convicted the victim B of the violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (special rape), indecent act by compulsion, attempted murder, violation of the Act on the Punishment, etc. of Sexual Crimes against the Victims C, and violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (quasi-indecent act in relation of relatives),

The judgment below

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

Examining the following circumstances, considering the Defendant’s age and behavior environment, relationship with victims, motive means and consequence of each of the instant crimes, etc., even if considering the circumstances asserted in the grounds of appeal, it cannot be deemed that the lower court’s sentence of 10 years to the Defendant is extremely unfair.

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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