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(영문) 대법원 2015.07.23 2015도7701
성폭력범죄의처벌등에관한특례법위반(절도강간등)등
Text

All appeals are dismissed.

Reasons

The grounds of appeal are examined.

1. Examining the evidence duly adopted and examined by the lower court and the first instance court regarding the prosecuted case, the lower court’s determination that the Defendant was guilty of violating the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes among the facts charged in the instant case on the grounds indicated in its reasoning is justifiable.

There is no violation of the principle of free evaluation of evidence against logical and empirical rules.

On the other hand, the defendant appealed to the remaining guilty portion of the judgment of the court below, but there is no indication of the grounds for appeal in the petition of appeal nor any statement of the grounds for appeal in the appellate brief.

2. With respect to the case for which a request to attach an attachment order is filed, if the defendant files a final appeal regarding the case for which the request to attach an attachment order is 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 appellate brief.

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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