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(영문) 대법원 2019.07.25 2019도5964
성폭력범죄의처벌등에관한특례법위반(13세미만미성년자강간)등
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All appeals are dismissed.

Reasons

The grounds of appeal are examined.

1. The argument that the lower court’s judgment erred by misapprehending the legal principles as to the prosecuted case is not a legitimate ground for appeal since the Defendant and the respondent for an attachment order (hereinafter “Defendant”) asserted only when the lower court’s decision did not make it the grounds for appeal, or when the lower court did not make it the subject of judgment ex officio.

In addition, examining various circumstances that form the conditions for sentencing as shown in the records, such as the Defendant’s age and behavior intelligence and environment, relationship with the victim, motive means and consequence of each of the instant crimes, etc., it cannot be deemed extremely unfair to maintain the judgment of the first instance court that sentenced the Defendant to 13 years of imprisonment, even when considering the circumstances asserted by the Defendant.

2. With respect to a case for which a request for attachment order is made, if the defendant files a final appeal against the case for which the request for attachment order is filed, the appeal shall be deemed filed.

However, there is no entry of reasons in the petition of appeal, and there is no entry of reasons for objection in the petition 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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