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(영문) 대법원 2014.01.23 2013도13828
성폭력범죄의처벌및피해자보호등에관한법률위반(친족관계에의한강간)등
Text

All appeals are dismissed.

Reasons

The grounds of appeal are examined.

1. According to the records on the accused case, the accused and the respondent for the attachment order (hereinafter “defendant”) appealed against the judgment of the first instance, and asserted only unfair sentencing as the grounds for appeal.

In such a case, the argument that there is an error of mistake in the judgment of the court below shall not be 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, the lower court cannot be deemed to have sentenced the Defendant to 10 years of imprisonment.

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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