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(영문) 대법원 2016.10.13 2016도12507
성폭력범죄의처벌등에관한특례법위반(친족관계에의한강간)등
Text

The appeal is dismissed.

Reasons

The grounds of appeal are examined.

In light of the relevant legal principles and evidence, the lower court did not err by misapprehending the facts in violation of logical and empirical rules, contrary to what is alleged in the grounds of appeal, which found the Defendant guilty of all the facts charged of this case (excluding the part that the lower court judged the Defendant not guilty

In addition, the argument that the judgment of the court below contains an error of incomplete deliberation on the circumstances of sentencing constitutes the argument of unfair sentencing.

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 minor sentence has been imposed against the defendant, the argument that the amount of punishment is unreasonable is not

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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