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(영문) 대법원 2019.10.17 2019도11613
성폭력범죄의처벌등에관한특례법위반(친족관계에의한강간)등
Text

All appeals are dismissed.

Reasons

The grounds of appeal are examined.

1. According to the records as to the accused case, the Defendant and the respondent for an attachment order (hereinafter “Defendant”) asserted in the statement of grounds of appeal that the instant crime was committed in the state of mental disorder or mental disorder, and that the Defendant did not clearly withdraw his claim on mental disorder during the first trial of the lower court, but the lower court did not determine the Defendant’s grounds of appeal on the grounds of unfair sentencing by deeming the Defendant’s grounds of appeal as the grounds of unfair sentencing.

However, in light of various circumstances, such as the background of the instant crime, the method of criminal act, the horses and behaviors of the Defendant before and after the instant crime, the circumstances after the instant crime, and the mental condition of the Defendant, etc., the omission of judgment by the lower court cannot be deemed to have influenced the conclusion of the judgment.

Examining various circumstances that are conditions for sentencing, such as the Defendant’s age and behavior environment, relationship with the victim, motive means and consequence of each of the instant crimes, etc., as indicated in the records, it cannot be deemed extremely unfair to maintain the first instance judgment that sentenced the Defendant to 10 years of imprisonment, even in light of the circumstances asserted in the grounds of appeal.

2. With respect to the case for which a request for attachment order is filed, a final appeal shall be deemed filed regarding the case for which the defendant files a final appeal regarding the case involved.

However, there is no entry of reasons in the petition of appeal and there is no entry of reasons for objection in the petition of appeal.

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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