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(영문) 대법원 2015.04.23 2015도3492
성폭력범죄의처벌등에관한특례법위반(특수강도강간등)등
Text

All appeals are dismissed.

Reasons

The grounds of appeal are examined.

1. Examining the evidence duly adopted and examined by the lower court and the first instance court with respect to the instant case, the lower court is justifiable to have determined that the Defendant was guilty of all of the parts of the instant facts charged, on June 5, 2013, and on May 2, 2014, of each public performance and obscene content among the facts charged, based on its stated reasoning.

There is no error of exceeding the bounds of the principle of free evaluation of evidence against logical and empirical rules, or of misapprehending the relevant legal principles.

In addition, examining various circumstances that form the conditions for sentencing as shown in the records, such as the Defendant’s age and behavior environment, relationship with victims, motive means and consequence of each of the instant crimes, etc., the determination of the lower court’s sentence that sentenced the Defendant to 20 years of imprisonment cannot be deemed to be extremely unfair.

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

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