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(영문) 대법원 2013.09.26 2013도8733
성폭력범죄의처벌등에관한특례법위반(장애인준강간등)
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 by the first instance court, the lower court is justifiable to have found the Defendant guilty of the instant facts charged on the grounds stated in its reasoning. In so doing, the lower court did not err by misapprehending the legal doctrine on the crime of quasi-rape against the logical and empirical rules or by misapprehending the bounds of the principle of free evaluation of evidence, or by misapprehending the legal doctrine on the punishment,

In addition, the argument that the court below erred in infringing on the essential contents of the principle of balance of crime or the principle of responsibility in sentencing against the defendant is the argument of unfair sentencing. However, only in the case where death penalty, life imprisonment, or imprisonment or imprisonment without prison labor for not less than ten years is sentenced pursuant to Article 383 subparagraph 4 of the Criminal Procedure Act, an appeal on the ground of unfair sentencing is allowed. As such, in the case where the court rendered a more minor sentence against the defendant, the argument that the amount of the punishment

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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