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(영문) 대법원 2014.06.12 2014도4784
아동ㆍ청소년의성보호에관한법률위반(강간)등
Text

The appeal is dismissed.

Reasons

The grounds of appeal are examined.

Examining the grounds of appeal, in light of the reasoning of the judgment below, that there was an error of law by misapprehending the legal principles on the sentencing review and sentencing judgment through an incomplete hearing on the sentencing conditions of the court below on the grounds of the principle of balanced sentencing and the principle of responsibility, the above ground of appeal is merely the purport of disputeing

However, 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 allowed. Thus, in this case where a more minor sentence has been imposed on the defendant, the above assertion to the effect that the sentencing of the original

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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