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(영문) 대법원 2018.04.12 2018도2986
성폭력범죄의처벌등에관한특례법위반(13세미만미성년자준강간)등
Text

All appeals are dismissed.

Reasons

The grounds of appeal are examined.

1. According to the records on the grounds of Defendant A’s appeal, the above Defendant appealed against the judgment of the first instance and asserted only unfair sentencing on the grounds of appeal.

In such a case, the argument that the judgment of the court below erred in the misapprehension of legal principles as to mental and physical disorder is not a legitimate ground for appeal.

In addition, the argument that the court below's determination of sentencing did not properly consider the reason for such determination is an unfair argument in sentencing.

According to Article 383 (4) of the Criminal Procedure Act, only in cases where death penalty, life imprisonment, or imprisonment with or without prison labor for not less than ten years is imposed, an appeal shall be allowed on the grounds of unfair sentencing.

In this case where the above defendant was sentenced to a more minor punishment, the argument that punishment is too unreasonable is not a legitimate ground for appeal.

2. As to the grounds for appeal by Defendant B, the argument that there was an error of law due to Defendant B’s violation of the rules of evidence while hearing the lower court’s normal relation determination and hearing the facts of violation of the rules of evidence constitutes an unfair argument

According to Article 383 (4) of the Criminal Procedure Act, only in cases where death penalty, life imprisonment, or imprisonment with or without prison labor for not less than ten years is imposed, an appeal shall be allowed on the grounds of unfair sentencing.

In this case where the above defendant was sentenced to a more minor punishment, the argument that punishment is too unreasonable is not a legitimate ground for appeal.

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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