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(영문) 대법원 2013.07.25 2013도6707

성폭력범죄의처벌등에관한특례법위반(친족관계에의한강간)등

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The appeal is dismissed.

Reasons

The grounds of appeal are examined.

1. Examining the evidence duly admitted by the first instance court as to the prosecuted case, the lower court is justifiable in finding the Defendant guilty of the facts charged of this case, and there is no violation of law by failing to exhaust all necessary deliberations or by failing to exhaust all necessary deliberations or by exceeding the bounds of the principle of free evaluation of evidence.

In addition, under Article 383 subparagraph 4 of the Criminal Procedure Act, an appeal on the ground of unfair sentencing may be filed only when the court below rendered a death penalty, an indefinite term, or an imprisonment with or without prison labor for not less than ten years. Thus, in this case where the defendant and the person who requested an attachment order (hereinafter referred to as the "defendant") rendered a minor sentence, the argument that the amount of the sentence is unreasonable is not

2. With respect to the case for which the request for attachment order is filed, if the defendant files an appeal against the case for which the request for attachment order is filed, the appeal shall be deemed filed.

However, there is no entry of reasons in the petition of appeal and there is no entry of reasons for objection in the appellate brief.

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