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(영문) 대법원 2015.06.23 2015도6340
성폭력범죄의처벌등에관한특례법위반(강간등상해)
Text

The appeal is dismissed.

Reasons

The grounds of appeal are examined.

Criminal facts have to be proved to the extent that there is no reasonable doubt (Article 307(2) of the Criminal Procedure Act). However, the selection of evidence and probative value of evidence conducted on the premise of fact finding belong to the free judgment of the fact-finding court.

(Article 308 of the Criminal Procedure Act). The court below found the defendant guilty on the grounds in its decision of the court below.

The allegation in the grounds of appeal that the charge and name of the crime acknowledged by the court below are unfair is merely an error of the judgment of the court below on the selection and probative value of evidence belonging to the free judgment of the fact-finding court.

In addition, even when examining the reasoning of the lower judgment in light of the aforementioned legal doctrine and the evidence duly admitted, the lower court did not err in its judgment beyond the bounds of the principle

In addition, the allegation in the grounds of appeal that the lower court erred by misapprehending the legal principles on sentencing conditions constitutes an argument that ultimately contests the sentencing of the lower court.

However, 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 determination of the sentence by the court below, including

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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