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(영문) 대법원 2018.08.30 2018도10127
강간상해등
Text

The appeal is dismissed.

Reasons

The grounds of appeal are examined.

The judgment below

In light of the records, the court below is just in rejecting the defendant's argument about mental and physical weakness on the grounds of its stated reasoning, and there is no error as alleged in the grounds of appeal.

In addition, the argument that the court below erred in violating the principle of balance of punishment in sentencing is ultimately an unfair argument in sentencing.

Therefore, under Article 383 subparagraph 4 of the Criminal Procedure Act, only in cases where death penalty, life imprisonment, or imprisonment with or without prison labor for more than ten years has been imposed, an appeal is permitted for the wrongful grounds for sentencing. As such, the argument that the determination of a sentence is unfair is not a legitimate ground for appeal in this case where a minor sentence has been imposed against the defendant.

On the other hand, other grounds of appeal are asserted by the defendant as grounds of appeal, or by the court below as the subject of judgment ex officio, only for the grounds of appeal, and do not constitute legitimate grounds of appeal.

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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