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(영문) 대법원 2013.07.12 2013도5567

성폭력범죄의처벌등에관한특례법위반(강간등상해)

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All appeals are dismissed.

Reasons

The grounds of appeal are examined.

The defendants' grounds of appeal contain errors in the misapprehension of the judgment of the court below that did not properly balance the reasons for sentencing.

The argument to the effect that punishment or punishment is too unreasonable is ultimately an argument of unfair sentencing.

However, under Article 383 subparag. 4 of the Criminal Procedure Act, only in cases where death penalty, life imprisonment, or imprisonment or imprisonment without prison labor for more than ten years is imposed, and an appeal on the grounds of unfair sentencing is allowed. Thus, the above purport of the above-mentioned assertion is not a legitimate ground for appeal against the Defendants.

Meanwhile, among the grounds of appeal by Defendant B and C, there is an error of mistake or misunderstanding of legal principles in the judgment below.

The above defendants' assertion about mental or physical disorder is not a legitimate ground for appeal, as it is alleged in the ground for appeal that the above defendants did not use it as a ground for appeal or that the court below did not consider it as a subject of

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