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(영문) 대법원 2016.05.27 2016도4231
성폭력범죄의처벌등에관한특례법위반(특수강간)
Text

All appeals are dismissed.

Reasons

The grounds of appeal against the Defendants are examined together.

The judgment below

In light of the records, the court below is just in rejecting the assertion on Defendant B’s mental and physical disorder, self-denunciation reduction and exemption for reasons as stated in its reasoning, and it did not err by misapprehending the legal principles on mental and physical disorder, self-denunciation reduction and exemption as alleged in the grounds of appeal

Meanwhile, among the grounds for appeal by Defendant A, Defendant A’s assertion that the lower court erred in the misapprehension of the legal doctrine as to mental disorder and the offense subject to victim’s complaint, is not a legitimate ground for appeal, since the Defendant’s assertion was based on the grounds of appeal or the lower court’s ex officio determination was made in the final appeal

B. Even if I examine their own authority, the lower court did not err as otherwise alleged in its judgment.

In addition, the argument that the judgment of the court below has failed to examine the sentencing factors is ultimately an unfair argument in sentencing.

Therefore, under Article 383 subparag. 4 of the Criminal Procedure Act, only in cases where death penalty, life imprisonment, or imprisonment with or without prison labor for not less than ten years has been imposed, an appeal may be filed on the grounds of unfair sentencing. As such, the argument that the determination of punishment is unfair in this case where a minor sentence has been imposed against the Defendants is not a legitimate ground for appeal.

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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