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(영문) 대법원 2015.04.09 2015도1146

성폭력범죄의처벌등에관한특례법위반(주거침입강간등)등

Text

The appeal is dismissed.

Reasons

The grounds of appeal are examined.

The judgment below

Examining the reasoning in light of the evidence duly admitted by the court below, the court below is just in holding that the court below convicted all of the facts charged of violating the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (ameras used photographing) among the facts charged in the instant case, of indecent act by compulsion, and of violating the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (abscopic rape, etc.). In so doing, the court below did not err by exceeding the bounds of the

In addition, examining the reasoning of the judgment below in light of the records, it is just for the court below to reject the defendant's claim on the mental and physical disorder on the grounds as stated in its reasoning, and there is no error of misconception of facts or

Meanwhile, according to Article 383 subparag. 4 of the Criminal Procedure Act, an appeal 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 sentenced, and thus, in this case where a more minor sentence is imposed on the defendant, the argument that the sentencing of the sentence

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