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(영문) 대법원 2013.05.24 2013도3491
성폭력범죄의처벌등에관한특례법위반(주거침입강간등)등
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 court below, the court below is just in finding the defendant guilty of all the facts charged modified at the court below on the grounds as stated in its reasoning, and there is no violation of the principle of free evaluation of evidence in violation of logical and empirical rules or misapprehension of the legal principles as to amendments

In addition, according to the reasoning of the judgment of the court below, it is clear that the crime against victim D, which the court below found guilty, is only the crime of violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (Rape, etc.) and special robbery. Therefore, the argument that punishing the victim D as the crime of violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (Rape

Even upon examining records, there is no other unlawful ground as alleged in the grounds of appeal in the proceedings of the instant trial or in the judgment of the court below.

Meanwhile, according to Article 383 subparagraph 4 of the Criminal Procedure Act, only in cases where death penalty, life imprisonment, or imprisonment with or without labor for more than ten years has been imposed, an appeal on the grounds of unfair sentencing is allowed. Thus, the determination of the sentence is unfair in this case where a more minor imprisonment with labor for

The argument that there is an error in the incomplete hearing of sentencing conditions 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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