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(영문) 대법원 2013.07.12 2013도6091

성폭력범죄의처벌및피해자보호등에관한법률위반(친족관계에의한강간)등

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All appeals are dismissed.

Reasons

The grounds of appeal are examined.

1. The argument that the judgment of the court below is erroneous in incomplete deliberation or misapprehension of legal principles as to sentencing constitutes the 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 with or without labor for not less than ten years has been imposed, an appeal on the grounds of unfair sentencing is permitted. As such, in this case where the defendant and the person requesting an attachment order (hereinafter “defendant”) rendered a minor sentence, the argument that the amount of punishment is unreasonable is not a legitimate ground for appeal.

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 indication of the reason in the petition of appeal and there is no ground for appeal on this part.

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