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(영문) 대법원 2015.09.10 2015도11228

성폭력범죄의처벌등에관한특례법위반(강간등상해)등

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The appeal is dismissed.

Reasons

The grounds of appeal are examined.

The argument that there is an error of misconception of facts or misunderstanding of legal principles as to injury to the judgment below is not a legitimate ground for appeal, which is alleged in the ground of appeal by the defendant as the ground for appeal or not subject to judgment ex officio.

In addition, even though examining the reasoning of the judgment below in light of the records, the judgment of the court below which did not accept the grounds for appeal by the defendant claiming mental or physical disability does not contain any error of incomplete deliberation, mistake of facts

In addition, pursuant to 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 more 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 the

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