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(영문) 대법원 2019.10.18 2019도10993
준강간
Text

The appeal is dismissed.

Reasons

We examine the grounds of appeal.

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

The judgment below

Examining the reasoning in light of the evidence duly admitted, the lower court did not err by failing to exhaust all necessary deliberations and exceeding the bounds of the principle of free evaluation of evidence against logical and empirical rules.

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 not less than ten years is imposed, an appeal on the grounds of unfair sentencing

In this case where a more minor sentence is imposed on the defendant, the argument that the punishment is too unreasonable is not a legitimate ground for 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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