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(영문) 대법원 2014.06.26 2014도5177

강간

Text

The appeal is dismissed.

Reasons

The grounds of appeal are examined.

The judgment below

Examining the reasoning in light of the evidence duly admitted by the court below, the court below is just in finding the defendant guilty of the facts charged of this case for the reasons stated in its holding. Contrary to the allegations in the grounds of appeal, the court below did not err by misapprehending the law of logic and experience and free evaluation of evidence or by misapprehending the legal principles on intimidation in the

In addition, 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 more than ten years has been imposed, an appeal on the grounds of unfair sentencing is allowed. Thus, in this case where a more minor sentence has been imposed on the defendant, the argument that the punishment is too unreasonable cannot be

Meanwhile, the argument in the grounds of appeal purporting that the court below’s failure to reach an agreement with the victim by rejecting the Defendant’s application for extension of sentence does not constitute legitimate grounds of appeal under Article 383 of the Criminal Procedure Act

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