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(영문) 대법원 2016.08.25 2016도8546
강도상해등
Text

The appeal is dismissed.

Reasons

The grounds of appeal are examined.

1. Examining the evidence duly admitted by the court below regarding the defendant's case, the court below's judgment of the court of first instance that found the defendant guilty of robbery and rape against the victim I among the facts charged of this case on the grounds as stated in its reasoning is justifiable to reverse the judgment of the court of first instance that found the defendant guilty.

Contrary to the allegations in the grounds of appeal, there is no violation of law of logic and experience beyond the bounds of the principle of free evaluation of evidence.

In addition, examining various circumstances that form the conditions of sentencing as indicated in the record, such as the age and character environment of the Defendant and the person who requested an attachment order (hereinafter “Defendant”), relationship with the victims, motive and consequence of each of the instant crimes, and the circumstances after the crime, etc., the amount of the lower court’s punishment sentenced to 13 years of imprisonment cannot be deemed to be extremely unfair.

2. As to the case for which a request to attach an attachment order is filed, a final appeal shall be deemed filed regarding the case for which the defendant filed a final appeal regarding the defendant's case.

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