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(영문) 대법원 2016.09.30 2016도11105
성폭력범죄의처벌등에관한특례법위반(강간등치상)등
Text

The appeal is dismissed.

Reasons

The grounds of appeal are examined (to the extent of supplement in case of supplemental statements in the grounds of appeal filed after the lapse of the period for submitting the grounds of appeal).

The judgment below

In light of the records, the court below is just in rejecting the defendant's assertion about mental disorder and self-denunciation for reasons as stated in its reasoning, and it is erroneous in the misapprehension of the legal principles as to mental disorder and self-denunciation as alleged in the grounds of appeal.

subsection (b) of this section.

In addition, considering all the circumstances revealed in the records, such as the defendant's age, occupation, type of crime, criminal records, criminal process, results, etc., it is also justifiable for the court below to issue an order of disclosure and notification for a period of ten years on the ground that there are no special circumstances to not disclose the personal information of the defendant.

In addition, examining various circumstances that are the conditions for sentencing as shown in the records, such as the Defendant’s age, character and behavior environment, relationship with the victim, motive means and consequence of the instant crime, and circumstances after the crime, there is a substantial reason to acknowledge that the lower court’s sentence sentenced to 12 years imprisonment with prison labor is extremely unfair even when considering the circumstances asserted by the Defendant and his defense counsel.

subsection (b) of this section.

On the other hand, according to the records, the defendant appealed against the judgment of the first instance, and argued only the misunderstanding of facts as to mental disorder and self-denunciation, or the misunderstanding of legal principles, or the misunderstanding of sentencing.

In such a case, the argument that the lower court erred by misapprehending the facts or by misapprehending the legal principles as to the facts charged in this case is not a legitimate ground for appeal, since the Defendant’s assertion that it was based on appeal or that the lower court was not subject to judgment ex officio.

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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