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(영문) 대법원 2015.07.09 2015도7131
성폭력범죄의처벌및피해자보호등에관한법률위반(친족관계에의한강제추행)등
Text

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 is justifiable to have found the Defendant guilty of the instant facts charged, and contrary to what is alleged in the grounds of appeal, there were no errors of misapprehending the bounds of the principle of free evaluation of evidence against logical and empirical rules.

In addition, examining various circumstances, such as the age and behavior environment of the Defendant and the person against whom the attachment order was requested (hereinafter “Defendant”), relationship with the victim, motive and consequence of each of the instant crimes, and the circumstances after the crime, etc., the lower court’s sentencing that upheld the first instance judgment that sentenced the Defendant to 12 years of imprisonment cannot be deemed to be extremely unfair.

2. In the event that the defendant files a final appeal with respect to a case for which the request for attachment order is filed, the appeal is deemed to have been filed regarding the case for which the request for attachment order is sought, but the appellate brief does not state the grounds therefor in the petition of final 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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