beta
(영문) 대법원 2015.08.19 2015도8574

성폭력범죄의처벌등에관한특례법위반(강간등상해)

Text

All appeals are dismissed.

Reasons

The grounds of appeal are examined.

1. Examining the evidence duly admitted by the first instance court, which maintained the reasoning of the lower judgment, in light of the evidence duly admitted by the lower court, the lower court’s judgment that found the Defendant guilty of the facts charged is justifiable, and contrary to what is alleged in the grounds of appeal, the lower court did not err by exceeding the bounds of the

In addition, according 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 more than ten years has been imposed, an appeal on the grounds of unfair sentencing is allowed. Thus, the allegation to the effect that the Defendant’s punishment is too 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 a final appeal regarding the case for which the request for attachment order is filed, the final 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.