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(영문) 대법원 2013.07.25 2013도6354
성폭력범죄의처벌및피해자보호등에관한법률위반(특수강간)등
Text

All appeals are dismissed.

Reasons

We examine the grounds of appeal.

1. Examining the evidence adopted by the lower court in light of the evidence established by the lower court, the lower court’s finding the Defendant guilty of violating the Act on the Punishment of Sexual Crimes and Protection of Victims, Etc., on the grounds indicated in its reasoning is justifiable.

In so doing, contrary to the allegations in the grounds of appeal, it cannot be said that there was an error of finding facts in violation of logical and empirical rules or contrary to the principle of res judicata.

In light of the records, the court below's rejection of the defendant's and the requester for medical treatment and custody and the requester for attachment order (hereinafter "defendant")'s mental disorder based on its stated circumstances, and there is no error of misunderstanding of facts as to mental disorder or misunderstanding of legal principles as alleged in the grounds of appeal.

In addition, even though the defendant agreed with three victims, the argument that the court below did not reduce the amount of punishment by misunderstanding the legal principles on sentencing is ultimately attributable to the assertion of unfair sentencing.

However, examining the following circumstances: Defendant’s age, character and conduct, environment, family relationship, motive, means and progress of the crime, and circumstances after the crime, etc., it cannot be deemed that the lower court’s sentence of 15 years of imprisonment is extremely unfair without discretionary mitigation against the Defendant.

2. With respect to the case of the request for medical treatment and custody and the attachment order, a final appeal shall be deemed to have been filed regarding the medical treatment and custody and the case of request for attachment order when the accused files an appeal.

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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