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(영문) 대법원 2013.09.26 2013도9161
성폭력범죄의처벌등에관한특례법위반(주거침입강간등)등
Text

All appeals are dismissed.

Reasons

The grounds of appeal are examined.

1. Examining the reasoning of the lower judgment in light of the evidence duly admitted by the lower court, the lower court, based on its reasoning, found the Defendant guilty of violating the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (special rape) among the facts charged in the instant case and of attempted residential intrusion.

In doing so, contrary to the allegations in the grounds of appeal, there were no errors by exceeding the bounds of the principle of free evaluation of evidence against logical and empirical rules, or by misapprehending the legal principles on criminal identification procedures.

In addition, according to Article 383 subparagraph 4 of the Criminal Procedure Act, an appeal on the grounds of unfair sentencing is allowed only in cases where death penalty, life imprisonment, or imprisonment or imprisonment without prison labor for not less than ten years

In this case where a more minor sentence is imposed against the defendant, the argument that the amount of punishment is unreasonable is not a legitimate ground for appeal.

2. In a case where a defendant files an appeal against a prosecuted case regarding a request for attachment order, the appeal shall be deemed to have been filed regarding the case where the request for attachment order is filed, but no statement of grounds of objection shall be found in the petition of appeal or the appellate brief.

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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