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(영문) 대법원 2016.08.24 2016도8615
성폭력범죄의처벌등에관한특례법위반(강간등상해)
Text

The appeal is dismissed.

Reasons

The grounds of appeal are examined.

The judgment below

Examining the reasoning in light of the evidence duly admitted, the lower court’s determination that the instant facts charged against the Defendant was guilty on the grounds stated in its reasoning is justifiable.

In doing so, the lower court did not err by failing to exhaust all necessary deliberations, as alleged in the grounds of appeal, by exceeding the bounds of the principle of free evaluation of evidence against logical and empirical rules, or by misapprehending the legal doctrine on injury to rape.

In addition, examining the reasoning of the lower judgment in light of the record, it is justifiable for the lower court to have rejected the Defendant’s assertion on the mental and physical disorder.

Meanwhile, under Article 383 subparag. 4 of the Criminal Procedure Act, an appeal on the grounds of an unfair sentencing is permitted only in cases where death penalty, life imprisonment, or imprisonment with or without prison labor for not less than ten years is pronounced. Thus, the argument that the Defendant’s 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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