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(영문) 대법원 2016.06.09 2016도4743
강간등
Text

The appeal is dismissed.

Reasons

The grounds of appeal are examined.

The judgment below

Examining the evidence duly adopted by the first instance court, the lower court’s determination that all of the charges of this case was guilty on the grounds stated in its reasoning is justifiable, and contrary to what is alleged in the grounds of appeal, the lower court did not err by exceeding the bounds of the principle of free evaluation of evidence in violation of logical and empirical rules.

In addition, the argument that the judgment of the court below is erroneous in the misapprehension of legal principles that infringe on the essential contents of the principle of balance of crime or the principle of responsibility.

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 amount of punishment is unfair for the defendant in this case where a minor sentence has been imposed against the defendant 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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