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(영문) 대법원 2014.04.10 2014도1895
성폭력범죄의처벌등에관한특례법위반(친족관계에의한강간)등
Text

The appeal is dismissed.

Reasons

The grounds of appeal are examined.

1. Examining the reasoning of the lower judgment in light of the evidence adopted by the first instance court, which maintained the reasoning of the lower judgment, the lower court was justifiable to have found the Defendant guilty of all the charges of this case on the grounds stated in its reasoning. In so doing, contrary to what is alleged in the grounds of appeal, the lower court did not err by misapprehending the legal doctrine on determining the credibility of the victim’s statements, or by misapprehending the legal doctrine on whether the victim

Meanwhile, considering various circumstances, such as the age, behavior and environment of the defendant and the person subject to a request to attach an attachment order (hereinafter “the defendant”), relationship with the victim, motive means and consequence of each of the instant crimes, and circumstances after the crime, etc., the determination of the sentence by the court below that issued an order to disclose and notify the information for 10 years and 10 years, even if considering the circumstances asserted by the defendant, is unreasonable.

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 final appeal shall be deemed filed.

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

3. 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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