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(영문) 대법원 2016.08.29 2016도9849

강간미수

Text

The appeal is dismissed.

Reasons

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 is just in finding the defendant guilty of the facts charged in this case for the reasons stated in its reasoning, and there is no violation of law of logic and experience beyond the bounds of free evaluation of evidence, contrary to the allegations in the grounds of

In addition, considering the reasoning of the judgment below in light of the records, there are special circumstances in which the court below should not disclose personal information to the defendant for reasons as stated in its reasoning.

It is just to order the disclosure of information about the defendant for three years, and there is no violation of law as alleged in the grounds of appeal.

In addition, pursuant to Article 383 subparagraph 4 of the Criminal Procedure Act, only in cases where death penalty, life imprisonment, or imprisonment with or without prison labor for not less than ten years is imposed, an appeal is permitted for the wrongful grounds for sentencing. Thus, the argument that the amount of punishment is unfair is not a legitimate ground for appeal in this case where a more minor sentence is imposed against the defendant.

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