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(영문) 대법원 2021.02.25 2020도16703
성폭력범죄의처벌등에관한특례법위반(특수강도유사강간)등
Text

All appeals are dismissed.

Reasons

The grounds of appeal are examined.

1. Based on its stated reasoning, the lower court rejected the Defendant and the claimant for an order to observe the protection (hereinafter “Defendant”)’s mental and physical disorder while maintaining the first instance judgment that found the Defendant guilty of the instant facts charged.

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, or by misapprehending the legal doctrine on mental and physical disorder.

2. As long as the defendant files a final appeal against the case of the case of the case of the protection observation order, the case of the case of the protection observation order shall be deemed as filing a final appeal.

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

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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