성폭력범죄의처벌등에관한특례법위반(강간등치상)
The appeal is dismissed.
The grounds of appeal are examined.
The judgment below
Examining the reasoning in light of the evidence duly admitted by the court below, the court below was just in finding the Defendant guilty of the facts charged on the grounds as stated in its reasoning. Contrary to the allegations in the grounds of appeal, the court below did not err by exceeding the bounds of the principle of logic and experience and by exceeding the bounds of the principle of free evaluation of evidence, or by
The judgment below
In light of the records, the court below is just in rejecting the defendant's assertion on mental and physical disability for reasons stated in its reasoning, and there is no error in the misapprehension of legal principles as to mental and physical disability.
In addition, under Article 383 subparagraph 4 of the Criminal Procedure Act, only in cases where death penalty, life imprisonment, or imprisonment or imprisonment without prison labor for not less than ten years has been imposed, an appeal on the grounds of unfair sentencing is allowed. Thus, in this case where a more minor sentence has been imposed on the defendant, the argument that the sentencing of
Other grounds of appeal by the defendant do not constitute legitimate grounds of appeal under Article 383 of the Criminal Procedure Act.
Therefore, the appeal is dismissed. It is so decided as per Disposition by the assent of all participating Justices on the bench.