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(영문) 대법원 2015.07.23 2015도7813
성폭력범죄의처벌및피해자보호등에관한법률위반(특수강도강간등)등
Text

All appeals are dismissed.

Reasons

The grounds of appeal are examined.

1. Examining the following circumstances: (a) the Defendant and the person against whom the attachment order was requested (hereinafter “Defendant”)’s age, intelligence, and environment; (b) the relationship with the victim; and (c) the motive, means and consequence of the instant crime; and (d) the circumstances after the commission of the crime, etc., the determination of the lower court’s imprisonment with prison labor for the Defendant and the state appointed defense counsel for a period of 20 years cannot be deemed to be extremely unfair even if considering the circumstances asserted by the Defendant

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

However, there is no indication of the reason in the petition of appeal and there is no ground for appeal on 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.

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