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(영문) 대법원 2021.01.14 2020도15603
강간상해등
Text

All appeals are dismissed.

Reasons

The grounds of appeal are examined.

1. On the grounds indicated in its reasoning, the lower court rejected the Defendant’s assertion of mental and physical weakness regarding the crime of rape while maintaining the first instance judgment that found the Defendant guilty of the instant facts charged.

The judgment below

Examining the reasoning in light of the relevant legal principles and evidence duly admitted, the lower court did not err in its judgment by exceeding the bounds of the principle of free evaluation of evidence in violation of logical and empirical rules, or by misapprehending the legal doctrine on rape, bodily injury resulting from violence, and physical and mental weakness.

According to Article 383 (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 is imposed, a final appeal shall be allowed on the grounds of unfair sentencing.

Defendant

In this case where a person who requested an attachment order (hereinafter referred to as "defendant") is sentenced to a more minor punishment, the argument that the punishment is too unreasonable is not a legitimate ground for appeal.

2. With respect to a case for which a request for attachment order is filed, a final appeal shall be deemed filed against the case for which a defendant files a final appeal regarding the case of the defendant.

However, the petition of appeal did not state the grounds for appeal and did not state the grounds for appeal.

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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