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(영문) 대법원 2016.03.24 2016도651
성폭력범죄의처벌등에관한특례법위반(절도준강제추행)등
Text

All appeals are dismissed.

Reasons

The grounds of appeal are examined.

1. Examining the reasoning of the lower judgment regarding the Defendant case in light of the evidence duly admitted by the lower court, the lower court is justifiable to have found the Defendant guilty of all of the charges of this case on the grounds stated in its reasoning, and contrary to what is alleged in the grounds of appeal, the lower court did not err by exceeding the bounds of the principle of free evaluation of evidence in violation of logical and empirical rules.

The judgment below

In light of the records, the court below's rejection of the defendant's and the person who requested an attachment order (hereinafter "defendant")'s mental and physical weakness based on the circumstances stated in its holding, and there is no error in the misapprehension of legal principles as to mental and physical weakness.

In addition, considering various circumstances, such as the Defendant’s age, sex, intelligence and environment, the motive, means, and consequence of the instant crime, and the circumstances after the crime, the determination of the lower court’s imprisonment with prison labor for a period of 10 years is extremely unfair even when considering the circumstances asserted by the Defendant and the defense counsel.

2. As to the case of the request for attachment order, in a case where the defendant filed an appeal against the defendant's case, the appeal is deemed to have been filed as to the case of the request for attachment order, but the appeal does not state the grounds for appeal and the reasons for appeal do not indicate the grounds for 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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