성폭력범죄의처벌등에관한특례법위반(강간등상해)등
The appeal is dismissed.
The grounds of appeal are examined.
1. The argument that the Defendant’s case constitutes an unlawful violation of the basic contents of the principle of balanced punishment or the principle of responsibility in determining the sentencing of the lower court constitutes the allegation of unfair sentencing.
However, under Article 383 subparagraph 4 of the Criminal Procedure Act, only in cases where death penalty, life imprisonment, or imprisonment with or without labor for not less than ten years has been imposed, an appeal on the grounds of unfair sentencing is permitted. As such, in this case where the defendant and the requester for an attachment order (hereinafter “defendants”) rendered a minor sentence, the argument that the amount of punishment is unreasonable is not legitimate grounds for appeal.
2. With respect to the case for which the request for attachment order is filed, if the defendant files an 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 reasons in the petition of appeal and there is no entry of reasons for objection in the appellate brief.
3. Therefore, the appeal is dismissed. It is so decided as per Disposition by the assent of all participating Justices on the bench.