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(영문) 대법원 2013.07.11 2013도5222
성폭력범죄의처벌및피해자보호등에관한법률위반(특수강도강간등)등
Text

The appeal is dismissed.

Reasons

The grounds of appeal are examined.

According to the records, the defendant appealed against the judgment of the court of first instance and claimed mental and physical disability along with the grounds for appeal, but withdrawn the grounds for appeal as to mental and physical disorder on the first trial date of the court below, and left the grounds for appeal only as the grounds for appeal.

In this case, the judgment of the court below did not recognize the mental disorder of the defendant.

The allegation that there is an error in the disclosure order does not constitute a legitimate ground of appeal.

In addition, considering various circumstances, such as the age, character, intelligence and environment of the defendant, the motive, means and consequence of the crime of this case, and the circumstances after the crime, etc., the sentence of the court below that sentenced the defendant to order the disclosure of personal information for ten years and a fine of eight million won against the defendant, even if considering the circumstances asserted by the defendant and the public defender, is extremely unfair.

In addition, the remaining grounds of appeal, such as requesting that the defendant be given an appraisal on whether the defendant's mental disorder, do not constitute legitimate grounds of appeal under Article 383 of the Criminal Procedure Act.

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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