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(영문) 대법원 2013.12.12 2013도12152
성폭력범죄의처벌등에관한특례법위반(강간등상해)등
Text

All appeals are dismissed.

Reasons

The grounds of appeal are examined.

1. According to the records as to the accused case, the accused and the respondent for the attachment order (hereinafter “defendant”) asserted mental and physical disorder along with the unfair sentencing as the grounds for appeal in the first instance judgment, while appealed against the judgment of the court of first instance, but withdrawn the grounds for appeal on the date of the first instance trial and left the grounds for unfair sentencing only.

In this case, the argument that the judgment of the court below did not recognize the mental disorder of the defendant does not constitute a legitimate ground for appeal.

Furthermore, even if ex officio examination is conducted, there is no error in the judgment below as alleged in the grounds of appeal.

In addition, examining various circumstances, such as the age, behavior intelligence and environment of the defendant, and the motive, means and consequence of each of the crimes in this case, and the circumstances after the crime, etc., the determination of the sentence of the court of first instance that upheld the judgment of the court of first instance that sentenced 20 years to the defendant, even if considering the circumstances asserted by the defendant and the public defender, cannot be deemed as significantly unfair.

2. As to the case of the request for attachment order, the Defendant asserts to the effect that the Defendant exempted or requested to take other measures than the attachment order, since the attachment order for 15 years is harsh, it does not constitute a legitimate ground of 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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