성폭력범죄의처벌등에관한특례법위반(강간등상해)등
The appeal is dismissed.
The grounds of appeal are examined.
The judgment below
In light of the records, the court below's rejection of the defendant's claim on the mental and physical disorder based on its stated reasoning is just and there is no error of misconception of facts or misapprehension of legal principles as to mental and physical disorder.
Meanwhile, the argument that each of the victims of this case did not have suffered injury, which the court below affirmed, is not a legitimate ground for appeal, as alleged in the ground of appeal that the defendant did not regard it as the ground for appeal, or that the court below did not consider it as the subject of judgment ex officio.
In addition, according to Article 383 subparagraph 4 of the Criminal Procedure Act, an appeal on the ground of unfair sentencing may be filed only when the court below rendered a death penalty, an indefinite term, or an imprisonment or imprisonment without prison labor for not less than ten years. Thus, in this case where a more minor sentence has been imposed on the defendant, an appeal is not allowed to be
Therefore, the appeal is dismissed. It is so decided as per Disposition by the assent of all participating Justices on the bench.