logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대법원 2016.09.28 2016도11764
미성년자의제강제추행등
Text

All appeals are dismissed.

Reasons

The grounds of appeal are examined (to the extent of supplement in case of supplemental statements in the grounds of appeal not timely filed).

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

In addition, considering various circumstances, such as the age, sexual conduct, intelligence and environment of the person against whom the attachment order was requested (hereinafter “Defendant”), and the motive, means and consequence of the instant crime, and the circumstances after the crime, etc., the determination of the lower court’s imprisonment with prison labor for the Defendant and the requester for the attachment order (hereinafter “Defendant”), does not seem to be extremely unfair even when considering the circumstances asserted by 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.

arrow