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(영문) 대법원 2013.09.12 2013도7506

강간상해등

Text

All appeals are dismissed.

Reasons

The grounds of appeal are examined.

1. Examining the reasoning of the lower judgment as to Defendant A’s grounds of appeal in light of the evidence duly admitted by the lower court, the lower court is justifiable in finding the Defendant guilty of injury resulting from rape among the facts charged in the instant case on the grounds indicated in its reasoning, and contrary to what is alleged in the grounds of appeal, the lower court did not err by misapprehending the logical and empirical rules and exceeding the bounds of the principle

2. As to the Defendant C’s grounds of appeal on the grounds of unfair sentencing under Article 383 subparag. 4 of the Criminal Procedure Act, an appeal on the grounds of unfair sentencing can only be made in cases where the lower court rendered a sentence of death penalty, life imprisonment, or imprisonment with or without prison labor for not less than ten years. Thus, the allegation that the determination of punishment is unreasonable is not legitimate

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