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(영문) 대법원 2014.09.25 2014도10176
성폭력범죄의처벌등에관한특례법위반(강간등상해)등
Text

The appeal is dismissed.

Reasons

The grounds of appeal are examined.

1. Examining the reasoning of the judgment below in light of the records, it is just that the court below imposed punishment by putting a repeated offender under Article 3 of the Act on Special Cases concerning the Punishment of Specific Crimes on the Punishment, etc. of Sexual Crimes with respect to the crime of violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes. There is no error of law by misunderstanding the legal principles on

In addition, the argument that the judgment of the court below did not take into account the conditions of sentencing under Article 51 of the Criminal Act is ultimately an unfair sentencing argument. Examining various circumstances, such as the defendant and the person requesting an attachment order (hereinafter “the defendant”), the criminal record and age environment of the person subject to the request for attachment order (hereinafter “the defendant”), the relationship with the victims, the motive and consequence of each of the crimes in this case, and the circumstances after the crime, the determination of the sentence of the court below that sentenced the defendant 10 years of imprisonment cannot be deemed unfair.

2. With respect to a case for which a request for attachment order is made, if the defendant files a final appeal against 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 or there is no entry of reasons for objection in the petition of appeal.

3. Therefore, the appeal is dismissed. It is so decided as per Disposition by the assent of all participating Justices on the bench.

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