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(영문) 대법원 2014.04.10 2014도2207

성폭력범죄의처벌등에관한특례법위반(친족관계에의한준강간)등

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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, on the grounds indicated in its reasoning, is justifiable to have determined that the lower court convicted all of the charges of violating the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes and the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (quasi-rape by blood relationship). In so doing, contrary to what is alleged in the grounds of appeal, there were no errors by exceeding the bounds of the principle of free evaluation

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 permitted. Thus, in this case where the defendant and the requester for an attachment order (hereinafter “defendant”) rendered a minor sentence, the argument that the amount of punishment is unreasonable is not legitimate grounds for appeal.

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

However, there is no entry of the reason in the petition of appeal and there is no entry of the reason for objection in the statement 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.