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(영문) 대법원 2019.01.10 2018도16729

유사강간

Text

The appeal is dismissed.

Reasons

The grounds of appeal are examined.

The judgment below

Although examining the reasoning in light of the relevant legal principles and the evidence duly admitted, the lower court did not err by misapprehending the legal doctrine or misapprehending the bounds of the principle of free evaluation of evidence against the empirical rule or the rules of evidence, contrary to what is alleged in the grounds of appeal.

In addition, the issue of whether to accept the application for examination of evidence falls under the discretion of the court, so even if the court below did not accept the defendant's application for examination of evidence, it cannot

Meanwhile, 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 more than ten years is imposed, an appeal on the grounds of unfair sentencing is allowed

In this case where a more minor sentence is imposed on the defendant, the argument that the punishment is too unreasonable is not a legitimate ground for appeal.

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