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(영문) 대법원 2020.03.12 2020도536
성폭력범죄의처벌등에관한특례법위반(강간등상해)
Text

The appeal is dismissed.

Reasons

The grounds of appeal are examined.

For the reasons indicated in its holding, the lower court convicted the victim B of the crime committed against the victim B among the facts charged in the instant case.

The judgment below

Examining the reasoning in light of the relevant legal principles and evidence duly admitted, the lower court did not err in its judgment by exceeding the bounds of the principle of free evaluation of evidence in violation of logical and empirical rules, or by misapprehending the legal doctrine on the establishment of a crime of inflicting bodily injury, such as rape.

The argument that the court below erred in violation of Acts and subordinate statutes regarding admissibility of hearsay evidence, etc., and that the part of the judgment of the court below on the crime against victim D violated Acts and subordinate statutes regarding the criminal identification procedure and the recognition of residential intrusion, etc., is all alleged in the ground for appeal by the defendant, or by the court of final appeal that the court below did not consider hearsay evidence as a subject of ex officio judgment, and therefore, it cannot be a

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 is imposed, an appeal on the grounds of unfair sentencing is allowed.

In this case where a more minor sentence is imposed against the defendant, the argument that the punishment is too unreasonable cannot be 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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