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(영문) 대법원 2018.06.28 2018도6303
성폭력범죄의처벌등에관한특례법위반(주거침입강간)등
Text

All appeals are dismissed.

Reasons

The grounds of appeal are examined.

1. The argument that there is an error of misapprehension of legal principles or violation of sentencing guidelines in determining the sentencing of the lower court with respect to Defendant case constitutes an unfair argument of sentencing.

Examining various circumstances that are the conditions for sentencing, such as the age, sex behavior, intelligence and environment of the person against whom the attachment order was requested (hereinafter “Defendant”), the relationship with the victim, motive, means and consequence of the crime, and the circumstances after the crime, which are recognized by records and evidence, the sentencing of the lower court that maintained the first instance judgment that sentenced to 17 years of imprisonment with prison labor, even if considering the circumstances asserted by the Defendant and the national defense counsel on the grounds of appeal, is too unreasonable.

2. As to the case of the request for attachment order, in a case where the defendant files a final appeal against the defendant's case, the appeal shall be deemed to have been filed.

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

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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