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(영문) 대법원 2014.04.30 2014도2963
성폭력범죄의처벌등에관한특례법위반(특수강도강간등)등
Text

All appeals are dismissed.

Reasons

The grounds of appeal are examined.

1. According to the records as to the accused case, the Defendant and the person requesting an attachment order (hereinafter “Defendant”) appealed against the judgment of the court of first instance, and asserted only unfair sentencing on the grounds of the appeal.

In such a case, the argument that the lower court erred by misapprehending the facts as to the injury resulting from rape among the facts charged in the instant case does not constitute a legitimate ground of appeal.

Meanwhile, examining various circumstances, such as the evidence adopted by the court of first instance and the defendant's age, criminal relationship relationship, motive and progress of each of the crimes in this case, and circumstances after the crime, which are acknowledged by the records, of the court below, there is no substantial reason to view that the court below's measure maintaining the first instance court, which sentenced the defendant 10 years to imprisonment, is extremely unfair for reasons as stated in its holding.

2. As to the claim for attachment order, the argument to the effect that the period of attachment order is too long and unreasonable does not constitute grounds for appeal under each subparagraph of Article 383 of the Criminal Procedure Act applied mutatis mutandis under Article 35 of the Act on Probation and Electronic Monitoring, etc. of Specific Criminal Offenders.

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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