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(영문) 대법원 2018.12.27 2018도17015
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 evidence duly admitted, it is justifiable for the lower court to have found the Defendant guilty of quasi-rape of the facts charged in the instant case on the grounds stated in its reasoning, and there was no error by misapprehending the legal doctrine on “the state of arbitrariness” of the crime of rape, contrary to

In addition, 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.

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