logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대법원 2014.02.27 2013도15954
성폭력범죄의처벌등에관한특례법위반(특수강간)등
Text

All appeals are dismissed.

Reasons

The grounds of appeal are examined.

1. Examining the reasoning of the judgment of the court below in light of the records, the court below is just in rejecting the defendant's assertion of mental disability based on the circumstances as stated in its reasoning, and there is no error of misconception of facts or misunderstanding of legal principles

In addition, the argument that the crime of this case constitutes an attempted crime cannot be a legitimate ground of appeal due to a new argument at the final appeal court, which had not been considered as the ground of appeal by the defendant, and even if the record is examined, it cannot be deemed that the crime of this case constitutes an attempted crime.

In addition, considering various circumstances, including the Defendant’s age, character and conduct, relationship with the victim, motive, means and consequence of the instant crime, circumstances after the crime, and criminal records, the determination of the lower court’s sentence sentenced to 12 years imprisonment with prison labor is extremely inappropriate even when considering the circumstances alleged by the Defendant.

2. If the defendant files an appeal against a case of medical treatment and custody application, the appeal shall be deemed to have been filed on the case of medical treatment and custody application.

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

3. With respect to a case for which an attachment order is requested, if the defendant files a final appeal against the case, the appeal shall be deemed filed regarding the case for which the attachment order is requested.

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.

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

arrow