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(영문) 대법원 2014.07.10 2014도5491
성폭력범죄의처벌등에관한특례법위반(친족관계에의한강간)등
Text

The appeal is dismissed.

Reasons

The grounds of appeal are examined.

1. Examining the evidence duly admitted by the first instance court, which maintained the reasoning of the lower judgment, in light of the evidence duly admitted, the lower court is justifiable to have determined that all charges of indecent act by force on November 201 and January 17, 2013 were guilty, on the grounds indicated in its reasoning. In so doing, it did not err by failing to exhaust all necessary deliberations and exceeding the bounds of the principle of free evaluation of evidence against logical and empirical rules, contrary to what is alleged in the grounds of appeal.

Meanwhile, the lower court’s assertion that there was an error of mistake of facts as to the remainder of the facts charged except for the first half of November 2012 and the quasi-indecent act by force on January 17, 2013, is erroneous in the misapprehension of the legal doctrine as to the remainder of the facts charged. The ground of appeal by the Defendant and the person subject to a request to attach an attachment order (hereinafter only referred to as the “defendant”) did not state it as the grounds for appeal or by its authority

In addition, under 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 not less than ten years has been imposed, an appeal on the grounds of unfair sentencing is allowed. Thus, in this case where a more minor sentence has been imposed on the defendant, the argument that the amount of punishment is unreasonable

2. With respect to a case for which a 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, there is no entry of reasons in the petition of appeal or there is no entry of reasons for objection in the petition of appeal.

3. 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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