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(영문) 대법원 2016.08.30 2016도9437
성폭력범죄의처벌및피해자보호등에관한법률위반(특수강도강간등)등
Text

All appeals are dismissed.

Reasons

The grounds of appeal are examined.

1. Examining the following circumstances in relation to the Defendant case, in light of the age and character environment of the Defendant and the claimant for the observation order (hereinafter “Defendant”), the relationship with the victim, the motive and means of the instant crime, and the consequences thereof, etc., as to the sentencing indicated in the record: (a) there is a substantial reason to recognize that the sentencing of the lower court that sentenced the Defendant to the punishment of 20 years is extremely unfair even if considering the circumstances asserted by the Defendant and the national defense counsel;

subsection (b) of this section.

2. As to the case of request for protection observation order, in a case where the defendant files an appeal against the defendant's case, the case of request for protection observation order shall be deemed as filing an appeal.

However, there is no statement in the petition of appeal as to that part of the grounds for appeal and there is no statement in the petition of appeal as to that part of the grounds for 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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