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(영문) 대법원 2014.02.27 2014도92

성폭력범죄의처벌등에관한특례법위반(특수강간)

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The appeal is dismissed.

Reasons

The grounds of appeal are examined.

Examining the evidence of the first instance court’s adoption maintained by the lower court, it is justifiable for the lower court to have found the Defendant guilty of the instant facts charged on the grounds indicated in its reasoning.

In so doing, contrary to the allegations in the grounds of appeal, there are no errors of misapprehending the rules of logic and experience to recognize facts.

Meanwhile, under Article 383 subparag. 4 of the Criminal Procedure Act, an appeal on the ground of unfair sentencing may only be lodged by death penalty, imprisonment with or without prison labor for an indefinite term or for not less than ten years. Thus, in this case where a more minor sentence was imposed on the defendant, an appeal is not allowed to be filed with the Supreme Court on the ground

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