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(영문) 대법원 2015.07.23 2015도8124

성폭력범죄의처벌등에관한특례법위반(강간등상해)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 did not recognize a mental disorder is erroneous, and that there is no legitimate ground for appeal as to the attempted suspension.

In addition, the court below ordered the defendant to disclose or notify personal information for five years pursuant to the relevant law, and there is no ground for illegality as alleged in the ground of appeal.

Meanwhile, the argument that the judgment of the court below erred in applying the sentencing guidelines is ultimately an allegation of unfair sentencing.

However, 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 sentencing of the punishment

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