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(영문) 대법원 2014.05.29 2014도3973
성폭력범죄의처벌등에관한특례법위반(강간등상해)등
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 reasoning of the judgment below in light of the evidence duly admitted by the court below, the court below is just in holding that all the charges of this case are guilty, including the violation of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (Rape, Injury by rape, special robbery, fraud, and violation of the Specialized Credit Financial Business Act). Contrary to the allegations in the grounds of appeal, the court below did not err by misapprehending the legal principles or by

In addition, pursuant to 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 more 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

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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