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(영문) 대법원 2018.01.25 2017도19215
성폭력범죄의처벌등에관한특례법위반(강간등상해)등
Text

All appeals are dismissed.

Reasons

The grounds of appeal are examined.

1. According to the records on the Defendant’s case, the Defendant and the requester for an attachment order (hereinafter “Defendant”) appealed against the judgment of the first instance, and the Defendant asserted only unfair sentencing along with the illegality of disclosure order and notification order on the grounds of appeal.

In this case, the argument that the lower court erred by mistake of facts or by misunderstanding of legal principles is not a legitimate ground for appeal.

In addition, examining various circumstances that are the conditions for sentencing, such as the Defendant’s age, sexual conduct, intelligence and environment, relationship with the victim, motive, means and consequence of the crime, and circumstances after the crime, which are acknowledged by records and evidence, the sentencing of the lower court that sentenced the Defendant for 11 years, is too unreasonable even when considering the circumstances asserted by the Defendant and the national defense counsel on the grounds of appeal.

2. As to the case of the request for attachment order, in a case where the defendant files a final appeal against the defendant's case, the appeal shall be deemed to have been filed.

However, there is no statement of reason in the petition of appeal and there is no statement of reason for appeal in the statement of reason 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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