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(영문) 대법원 2019.01.31 2018도18617

강간상해등

Text

The appeal is dismissed.

Reasons

The grounds of appeal are examined.

In light of various circumstances such as the circumstances leading up to each of the instant crimes, method of crime, Defendant’s act before and after the commission of the crime, and circumstances after the commission of the crime, etc., it is not recognized that the Defendant was in a state of mental and physical disability as a result of drinking at the time of each of the instant crimes, and that the Defendant was in a state of mental and physical disorder.

In addition, according to 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 is imposed, an appeal on the grounds of unfair sentencing

In this case where a more minor sentence is imposed on the defendant, the argument that the punishment is too unreasonable is not a legitimate ground for appeal.

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