beta
(영문) 대법원 2016.07.07 2016도6300

강간미수

Text

The appeal is dismissed.

Reasons

The grounds of appeal are examined.

The judgment below

In light of the records, the court below is just in rejecting the defendant's argument about mental and physical weakness on the grounds stated in its reasoning, and there is no error of law as alleged in the grounds of appeal.

In addition, the argument that the crime of this case constitutes an attempted crime cannot be a legitimate ground for final appeal, as it was made only when the crime of this case was committed in the final appeal, and the record cannot be seen as an attempted crime of this case even after examining the record.

Meanwhile, pursuant 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 declared, an appeal may be filed on the grounds of unfair sentencing, and the defendant voluntarily surrendered.

Even if self-denunciations, the punishment should not be mitigated or exempted for self-denunciations.

Therefore, the argument that the court below did not reduce self-denunciation or that the amount of punishment is unfair is not a legitimate ground for appeal in this case where imprisonment for less than 10 years was imposed against the defendant.

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