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(영문) 대법원 2014.12.11 2014도13349
성폭력범죄의처벌등에관한특례법위반(친족관계에의한준강제추행)
Text

All appeals are dismissed.

Reasons

The grounds of appeal are examined (to the extent of supplement in case of supplemental appellate briefs not timely filed).

1. Examining the reasoning of the lower judgment in light of the evidence duly admitted by the first instance court, which maintained the reasoning of the lower judgment, the lower court is justifiable to have determined that all of the facts charged of the instant case is guilty on the grounds indicated in its reasoning, and contrary to what is alleged in the grounds of appeal, the lower court did not err by

In addition, examining various circumstances that form the conditions for sentencing as indicated in the records, such as the age, character, intelligence, and environment of the defendant and the person subject to a request to attach an attachment order (hereinafter “the defendant”), relationship with the victim, motive means and consequence of each of the instant crimes, and the circumstances after the crime, etc., even in light of the circumstances asserted by the defendant and his defense counsel, it cannot be deemed that the lower court’s sentencing that maintained the sentence of the first instance court sentenced to 15 years imprisonment with prison labor is extremely unfair.

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

However, there is no entry of reasons in the petition of appeal and there is no entry of reasons for objection in the appellate brief.

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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