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(영문) 대법원 2013.08.14 2013도6956
성폭력범죄의처벌등에관한특례법위반(강간등치상)등
Text

The appeal is dismissed.

The judgment below

Articles 53 and 55(1) of the Criminal Act for discretionary mitigation.

Reasons

The grounds of appeal are examined.

1. Examining the reasoning of the lower judgment in light of the evidence duly admitted by the lower court, the lower court did not err by exceeding the bounds of the principle of free evaluation of evidence in violation of logical and empirical rules, or by infringing the Defendant’s right of defense in the course of examination of evidence.

2. With respect to the request for attachment order, if the defendant and the person to whom the request for attachment order was filed file a final appeal regarding the accused case, the appeal is deemed to have been filed regarding the case for which the request for attachment order was filed, but the appellate brief does not state the grounds for objection in the final appeal

3. Therefore, the final appeal is dismissed, but it is evident that there was an omission of “Article 53 and Article 55(1)3 of the Criminal Act for discretionary mitigation of 1.1.” in the application column of the law of the lower judgment, and it is corrected to add it. It is so decided as per Disposition by the assent of all participating Justices on the bench.

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