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(영문) 대법원 2017.02.21 2016도20784
성폭력범죄의처벌등에관한특례법위반(강간등살인)등
Text

The appeal is dismissed.

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 and the first instance court, the lower court was justifiable to have found the Defendant guilty of violating the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (Rape, etc.) among the instant facts charged on the grounds stated in its reasoning. In so doing, it did not err by failing to exhaust all necessary deliberations as alleged in the grounds of appeal, failing to exhaust all necessary deliberations, exceeding the bounds of the principle of free evaluation of evidence in violation of logical and empirical rules, or by misapprehending the legal doctrine on the establishment of a crime of

In addition, examining various circumstances that form the conditions for sentencing as indicated in the records, such as the age character and behavior intelligence and environment of the defendant and the person against whom the attachment order was requested (hereinafter “the defendant”), relationship with the victim, motive means and consequence of the instant crime, and the circumstances after the crime, etc., even considering the circumstances asserted by the defendant, the determination of the sentence of the court below that maintained the judgment of the court of first instance that sentenced the 25 years imprisonment to the defendant is extremely unfair.

2. With respect to the case for which a request for attachment order is filed, a final appeal shall be deemed to have been filed against the case for which the defendant filed a final appeal regarding the defendant's case.

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

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

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