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(영문) 대법원 2014.04.24 2014도2589
강도강간등
Text

All appeals are dismissed.

Reasons

The grounds of appeal are examined.

1. According to the records as to the case prosecuted, the defendant and the person to whom the attachment order was requested (hereinafter “defendant”) appealed against the judgment of the first instance, and asserted mental and physical disorder along with unfair sentencing as the grounds for appeal, but withdrawn the grounds for appeal for mental and physical disorder as alleged on the date of the first trial of the lower court.

In such a case, the argument that the court below erred in incomplete deliberation or misapprehension of legal principles as to mental disorder is not a legitimate ground for appeal.

In addition, examining various circumstances that are conditions for sentencing, such as the Defendant’s age, character and conduct, environment, family relationship, motive, means and process of committing the crime, and circumstances after committing the crime, it is extremely unreasonable for the lower court to maintain the first instance judgment that sentenced the Defendant to 12 years of imprisonment. Therefore, the ground of appeal on this point is without merit.

2. With respect to the case for which the request for attachment order is filed, if the defendant files an appeal against the case for which the request for attachment order is filed, the appeal shall be deemed filed.

However, there is no indication of the reason in the petition of appeal and there is no ground for appeal on this part.

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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