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(영문) 대법원 2018.08.30 2018도10122
유사강간
Text

All appeals are dismissed.

Reasons

The grounds of appeal are examined.

According to Article 383 subparagraph 4 of the Criminal Procedure Act, only cases where death penalty, life imprisonment, or imprisonment with or without prison labor for not less than ten years has been pronounced, an appeal may be filed on the ground that the judgment of the court below has influenced the judgment by grave mistake of facts.

Therefore, in this case where a more minor punishment is imposed on the Defendants, the argument to the effect that the Defendants, without hearing, contain a violation of the rule of law, deviation from the limit of the principle of free evaluation of evidence, mistake of facts, and misunderstanding of the legal principles, practically disputing the judgment of the lower court on the selection and probative value of evidence or the recognition of facts based thereon is not a legitimate ground

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

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