logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대법원 2014.05.16 2014도2972
강간등
Text

The appeal is dismissed.

Reasons

The grounds of appeal are examined.

The judgment below

Examining the evidence duly admitted by the court of first instance, the court below was just in finding the Defendant guilty of all the charges of this case on the grounds as set forth in its reasoning, and there were no errors in the misapprehension of legal principles as to facts beyond the bounds of the principle of logic and experience and free evaluation of evidence or disclosure notification order, etc., without failing to exhaust all necessary deliberations.

In addition, pursuant to 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 more 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 argument that the amount of punishment is unreasonable

In addition, among the grounds of appeal, the argument regarding admissibility of evidence is not a legitimate ground of appeal, as it is alleged in the ground of appeal that the defendant did not consider it as the grounds of appeal or the court below did not consider it as

Therefore, the appeal is dismissed. It is so decided as per Disposition by the assent of all participating Justices on the bench.

arrow