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(영문) 대법원 2016.08.25 2016도9319
성폭력범죄의처벌등에관한특례법위반(장애인준강간)
Text

The appeal is dismissed.

Reasons

The grounds of appeal are examined.

1. Examining the reasoning of the lower judgment as to the Defendant case in light of the evidence duly admitted by the lower court and the first instance court, the lower court’s determination that all of the facts charged in the instant case was found guilty on the grounds as indicated in its reasoning is justifiable. In so doing, the lower court did not exhaust all necessary deliberations, as alleged in the grounds of appeal, and did not err by exceeding the bounds of the principle of free evaluation

In addition, the argument that the judgment of the court below is erroneous in infringing on the essential contents of the principle of balance of crimes or the principle of responsibility is an unfair argument for 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.

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

However, there is no indication of the reason in the petition of appeal and there is no reason for objection in the petition of appeal.

3. 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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