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(영문) 대법원 2013.09.27 2013도8814
성폭력범죄의처벌등에관한특례법위반(주거침입강간등)
Text

All appeals are dismissed.

Reasons

We examine the grounds of appeal.

1. Examining the reasoning of the lower judgment in light of the evidence duly admitted by the lower court, the lower court’s determination that the instant facts charged were guilty on the grounds stated in its reasoning is justifiable and did not err by exceeding the bounds of the principle of free evaluation of evidence against logical and empirical rules.

Meanwhile, under Article 383 subparag. 4 of the Criminal Procedure Act, only in cases where death penalty, life imprisonment, or imprisonment with or without labor for not less than ten years has been imposed, an appeal on the grounds of unfair sentencing is permitted. As such, in this case where the defendant and the requester for an attachment order (hereinafter “defendants”) rendered a minor sentence, the argument that the amount of punishment is unreasonable is not legitimate grounds for appeal.

2. With respect to a case for which the request for attachment order is made, if the defendant files a final appeal against the case for which the request for attachment order is filed, the final appeal shall be deemed filed.

However, the grounds of appeal were not submitted.

3. 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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