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(영문) 대법원 2017.09.07 2017도8050
강간상해등
Text

The appeal is dismissed.

Reasons

The grounds of appeal are examined.

The judgment below

Examining the evidence duly adopted by the first instance court, which maintained the reasoning of the judgment, the court below was just in finding the Defendant guilty of all the charges of this case on the grounds stated in its reasoning, and there was no violation of law such as failing to exhaust all necessary deliberations as alleged in the grounds of appeal and exceeding the bounds of the principle of free evaluation of evidence against logical and empirical rules.

In addition, examining the reasoning of the judgment below in light of the records, it is just that the court below rejected the defendant's argument about mental and physical weakness on the grounds as stated in its reasoning, and there is no error of law such as a lack of trial or mistake

Meanwhile, pursuant to Article 383 subparag. 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 may be filed on the grounds of unfair sentencing. As such, in this case where a more minor sentence has been imposed against the defendant, the argument that the amount of punishment is unfair is not legitimate grounds for

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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