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(영문) 대법원 2014.08.20 2014도7257

강간치상

Text

All appeals are dismissed.

Reasons

The grounds of appeal are examined.

1. According to Article 383 subparag. 4 of the Criminal Procedure Act, an appeal against a prosecuted case on the grounds of unfair sentencing is permitted only in cases where death penalty, life imprisonment, or imprisonment or imprisonment without prison labor for not less than ten years is imposed. As such, in this case where the defendant and the person requesting an attachment order (hereinafter “defendant”) were sentenced to a lower sentence, the argument that the amount of punishment is unfair is not legitimate grounds for appeal.

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

However, there is no entry of reasons in the petition of appeal or there is no entry of reasons for objection in the petition of appeal.

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