logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대법원 2014.06.26 2014도4736
성폭력범죄의처벌등에관한특례법위반(강간등살인)등
Text

All appeals are dismissed.

Reasons

The grounds of appeal are examined.

1. Defendant case

A. In light of various circumstances, including the Defendant’s age, character and conduct, environment, relationship with the victim, motive, means and consequence of the crime, and circumstances after the crime, as to the grounds of appeal by the person against whom the attachment order was requested (hereinafter “defendant”), the lower court’s maintenance of the first instance judgment, which sentenced the Defendant to life imprisonment, cannot be deemed significantly unfair. Thus, the allegation in the grounds of appeal on this point is without merit.

B. As to the grounds of appeal by the prosecutor, even where a sentence of death penalty or imprisonment with or without prison labor for an indefinite term or for not less than ten years has been imposed on the defendant, a prosecutor cannot file an appeal on the grounds that the sentence is extremely weak by interpretation of Article 383 subparagraph

[See Supreme Court Decisions 2005Do1952, Sept. 15, 2005; 2010Do17829, Apr. 28, 201; 2010Do177, Apr. 28, 201; etc.] 2. As to the case of the claim for attachment order, insofar as the Defendant and the prosecutor filed an appeal regarding the case of the accused case, the appeal is deemed to have been filed regarding the case of the claim for attachment order.

However, without stating the grounds for appeal in the petition of appeal filed by the defendant and the prosecutor, there are no grounds for appeal as to this part.

3. Therefore, all appeals are dismissed. It is so decided as per Disposition by the assent of all participating Justices on the bench.

arrow