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(영문) 대법원 2013.04.11 2013도1913
성폭력범죄의처벌및피해자보호등에관한법률위반(13세미만미성년자강간등)등
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All appeals are dismissed.

Reasons

The grounds of appeal are examined.

1. Examining the reasoning of the lower judgment in light of the evidence duly admitted by the lower court, the lower court was justifiable to have found the Defendant guilty of all the facts charged of the instant case on the grounds stated in its reasoning. In so doing, it did not err by exceeding the bounds of the principle of free evaluation of evidence against logical and empirical rules, or by misapprehending

In addition, the argument that there is an error in the investigation procedure among the grounds of appeal is not legitimate grounds of appeal since the defendant's ground of appeal is that the court below did not consider it as the ground of appeal or that it was not subject to judgment ex officio, and the record does not contain any error of law as alleged in the grounds of appeal.

Furthermore, comprehensively taking account of the following factors, such as the Defendant’s age and behavior environment, relationship with the victim, motive means and consequence of the instant crime, and the circumstances after the crime, the determination of the lower court’s respective punishment against the Defendant cannot be deemed to be extremely unfair.

2. As to the case for which a request to attach an attachment order is filed by the defendant, the appeal is deemed to have been filed regarding the case for which the request to attach an attachment order is sought. However, there is no indication in the petition of appeal that the grounds for appeal are stated and no statement in the appellate brief is found.

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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