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(영문) 대법원 2016.01.28 2015도18885
강간
Text

The appeal is dismissed.

Reasons

The grounds of appeal are examined (to the extent of supplement in case of supplemental appellate briefs not timely filed).

The judgment below

Examining the evidence duly adopted by the first instance court, the lower court’s determination that the charges of this case were guilty on the grounds stated in its reasoning is justifiable, and contrary to what is alleged in the grounds of appeal, the lower court did not err by exceeding the bounds of the principle of free evaluation of evidence against logical and empirical rules, misapprehending the legal doctrine on intimidation in the crime of rape, or failing to exhaust all necessary deliberations.

In addition, the argument that there was an error of mistake in the facts about self-denunciation in the judgment of the court below is an unfair argument for the sentencing. According to Article 383 subparagraph 4 of the Criminal Procedure Act, only in the case where death penalty, life imprisonment, or imprisonment with or without prison labor for not less than ten years is sentenced, an appeal is permitted for the reason of the illegality of sentencing. Thus, the argument that the amount of the punishment is unfair in this case where the defendant was sentenced to a more minor punishment is

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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