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(영문) 대법원 2013.12.26 2013도13296

성폭력범죄의처벌등에관한특례법위반(장애인강간)등

Text

The appeal is dismissed.

Reasons

The grounds of appeal are examined.

1. Examining the evidence duly admitted by the first instance court, which maintained the reasoning of the lower judgment, in light of the evidence duly admitted by the lower court, the lower court is justifiable to have determined that the facts charged of the instant case was recognized, and there is no violation of the law of logic and experience and free evaluation of evidence.

Meanwhile, under Article 383 subparag. 4 of the Criminal Procedure Act, only in cases where death penalty, life imprisonment, or imprisonment with or without labor for not less than ten years has been imposed, an appeal on the grounds of unfair sentencing is permitted. As such, in this case where the defendant and the person requesting an attachment order (hereinafter “the defendant”) were sentenced to a minor sentence, the argument that the amount of punishment is unreasonable is not a legitimate ground

2. With respect to a case for which an attachment order is requested, if the defendant files a final appeal against the case, the appeal shall be deemed filed regarding the case for which the attachment order is requested.

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.