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(영문) 대법원 2018.11.29 2018도15323

준강간등

Text

The appeal is dismissed.

Reasons

The grounds of appeal are examined.

The judgment below

Examining the reasoning in light of the relevant legal principles and the evidence duly admitted, the lower court is justifiable to have found the Defendant guilty of all the charges of this case on the grounds stated in its reasoning. In so doing, the lower court did not err by exceeding the bounds of the principle of free evaluation, contrary to logical and empirical rules, or by misapprehending the legal doctrine on the crime of rape, violation of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (a violation by force on duty), and assault, etc.

The argument that the defendant was in a state of mental and physical loss or mental disorder is asserted by the defendant as the ground for appeal, or by the court below as the subject of judgment ex officio. Thus, it cannot be a legitimate ground for appeal.

According to Article 383 (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, a final appeal shall be allowed on the grounds of unfair sentencing.

In this case where a more minor sentence is imposed against 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.