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(영문) 대법원 2021.02.25 2020도17075
강제추행살인등
Text

All appeals are dismissed.

Reasons

The grounds of appeal are examined.

1. As to the Defendant case, the lower court affirmed the first instance judgment that convicted the Defendant of the charge of forced indecent act among the facts charged in the instant case.

The judgment below

Examining the reasoning in light of the relevant legal principles and 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, examining various circumstances, including the age, character and environment of the person against whom the attachment order was requested (hereinafter “Defendant”), relationship with the victim, motive means and consequence of each of the instant crimes, and circumstances after the crime, etc., the lower court’s maintenance of the first instance judgment that sentenced the Defendant to imprisonment with prison labor cannot be deemed extremely unfair, even in light of the circumstances asserted in the grounds of appeal.

2. As to the case of the request for attachment order, in a case where the defendant files a final appeal against the defendant's case, the appeal shall be deemed to have been filed.

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

3. 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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