logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대법원 2014.01.29 2013도14456
성폭력범죄의처벌등에관한특례법위반(장애인강간)
Text

All appeals are dismissed.

Reasons

The grounds of appeal are examined.

1. According to the records, the Defendant appealed against the judgment of the first instance, and asserted only unfair sentencing and mistake of facts as the grounds for appeal.

In such a case, an appeal is not allowed to be filed with the Supreme Court on the ground of a new argument that there is an error in the misapprehension of legal principles as to "persons with physical disabilities" under Article 6 (1) of the Act on Special Cases concerning the Punishment, etc.

Furthermore, even in light of the relevant legal principles, the lower court cannot be deemed to have erred as alleged by the said state appointed defense counsel.

2. In a case where a defendant files an appeal against a prosecuted case regarding a request for attachment order, the appeal shall be deemed to have been filed regarding the case where the request for attachment order is filed, but no statement of grounds of objection shall be found in the petition of appeal or 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.

arrow