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(영문) 대법원 2020.10.15 2020도9333
강간상해등
Text

All appeals are dismissed.

Reasons

The grounds of appeal are examined.

1. The lower court found the Defendant guilty of the instant charges on the grounds stated in its reasoning.

The judgment below

Examining the reasoning in light of the relevant legal principles and evidence duly admitted, the lower court did not err in its judgment by exceeding the bounds of the principle of free evaluation of evidence against logical and empirical rules, or by misapprehending the legal doctrine on the intent to illegally obtain and acquire

In addition, according 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 is imposed, an appeal on the grounds of unfair sentencing

Defendant

In this case where a person who requested an attachment order (hereinafter referred to as "defendant") is sentenced to a more minor punishment, the argument that the punishment is too unreasonable is not a legitimate ground for appeal.

2. With respect to the case for which the request for attachment order is filed, if the defendant files an appeal against the case for which the request for attachment order is filed, the appeal shall be deemed filed.

However, there is no entry of the grounds of appeal in the petition of appeal and there is no entry of the grounds of appeal in the appellate brief.

3. Therefore, all appeals are dismissed. It is so decided as per Disposition by the assent of all participating Justices on the bench.

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