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(영문) 대법원 2014.10.30 2014도10386

성폭력범죄의처벌등에관한특례법위반(특수강간)등

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The appeal is dismissed.

Reasons

The grounds of appeal are examined.

According to the records, the defendant appealed against the judgment of the court of first instance and asserted only unfair sentencing as the grounds for appeal.

In such a case, the argument that the lower court erred by misunderstanding of facts or misunderstanding of legal principles as to the fraud against the victim K does not constitute a legitimate ground for appeal.

In addition, even if the record is examined, there is no error as alleged above in the judgment of the court below.

In addition, 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 not less than ten years has been imposed, an appeal on the grounds of unfair sentencing is allowed. Thus, in this case where a more minor sentence has been imposed on the defendant, the argument that the amount of punishment is unreasonable

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