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(영문) 대법원 2017.06.29 2017도5530

성폭력범죄의처벌등에관한특례법위반(특수강도유사강간)등

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The appeal is dismissed.

Reasons

The grounds for appeal are examined.

The argument that the judgment of the court below erred in applying the sentencing criteria is ultimately an unfair argument in sentencing.

Therefore, under Article 383 subparagraph 4 of the Criminal Procedure Act, only in cases where death penalty, life imprisonment, or imprisonment with or without prison labor for more than ten years has been imposed, an appeal is permitted for the wrongful grounds for sentencing. As such, the argument that the determination of a sentence is unfair is not a legitimate ground for appeal in this case where a minor sentence has been imposed against the defendant.

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