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(영문) 대법원 2013.11.28 2013도11896
성폭력범죄의처벌및피해자보호등에관한법률위반(특수강도강간등)
Text

The appeal is dismissed.

Reasons

The grounds of appeal are examined.

The judgment below

Examining the reasoning of the lower court and the first instance court in light of the evidence duly admitted, the lower court’s determination that the instant facts charged were guilty on the grounds stated in its reasoning is justifiable. In so doing, contrary to what is alleged in the grounds of appeal, the lower court did not err by failing to exhaust all necessary deliberations, exceeding the bounds of the principle of free evaluation of evidence

In addition, examining various circumstances, such as the Defendant’s age, character, intelligence and environment, and motive, means and consequence of the instant crime, and the circumstances after the crime, etc., the determination of the sentence of the lower court, which maintained the first instance judgment that sentenced the Defendant to 10 years of imprisonment and 10 years of disclosure notification order, cannot be deemed to be extremely unfair.

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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