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(영문) 대법원 2014.03.27 2014도1329

강간등

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 maintaining the judgment of the court of the first instance ordering disclosure of information on the defendant for five years based on the circumstances in its holding, and there is no violation of law by hearing or misunderstanding of legal principles as alleged in the grounds of appeal.

In addition, the argument that the court below made an unfair decision on the punishment by misunderstanding the legal principles on sentencing and failing to exhaust all necessary deliberations constitutes an 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 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 assertion in this case where a more minor sentence is imposed on the defendant is not a legitimate

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