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(영문) 대법원 2017.09.21 2017도11247
성폭력범죄의처벌등에관한특례법위반(장애인위계등간음)
Text

The appeal is dismissed.

Reasons

The grounds of appeal are examined.

The judgment below

Examining the reasoning in light of the evidence duly admitted by the court below, the court below is just in finding the defendant guilty of the facts charged in this case for the reasons stated in its reasoning, and there is no violation of law of logic and experience beyond the bounds of free evaluation of evidence, contrary to the allegations in the grounds of

In addition, the argument that the court below erred in infringing on the essential contents of the principle of balance or the principle of responsibility in the method of examining the sentencing and determining the sentencing is ultimately an unfair argument in sentencing.

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

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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