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대법원 2014.09.25 2014도9289
준강간등
Text

All appeals are dismissed.

Reasons

The grounds of appeal are examined.

1. Defendant case

A. Examining the reasoning of the lower judgment in light of the evidence duly admitted by the first instance court, which maintained the reasoning of the lower judgment, the lower court was justifiable to have determined that the Defendant was guilty of violating the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes among the facts charged in the instant case, on the grounds indicated in its reasoning, and there is no violation of the principle of free evaluation of evidence against logical and empirical rules

Meanwhile, in the appellate brief, the part that “the court below erred by violating the Constitution, laws, orders, or rules, or by misunderstanding the legal principles, which affected the conclusion of the judgment,” is merely stated in such assertion, and did not state specific reasons therefor, it cannot be deemed a legitimate ground for appeal.

In addition, 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 permitted. As such, in this case where the defendant and the requester for an attachment order (hereinafter referred to as “defendant”) rendered a minor sentence, the argument that the amount of punishment is unreasonable is not a legitimate ground for

B. Examining the reasoning of the lower judgment on the grounds of appeal by the prosecutor in light of the records, the lower court is justifiable to have rendered a not-guilty verdict on the remainder of the facts charged (excluding the charge of quasi-rape against the victim E) with the exception of the part found guilty among the facts charged in the instant case on the grounds stated in its reasoning, on the ground that there is no evidence of crime

2. With respect to the case for which a request for attachment order is filed, if a prosecutor files a final appeal against a prosecuted case, the case shall be also applied.

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