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(영문) 대법원 2013.03.14 2013도728
강간치상
Text

The appeal is dismissed.

Reasons

The grounds of appeal are examined (to the extent of supplement in case of supplemental appellate briefs not timely filed).

The judgment below

In light of the records, the court below's rejection of the defendant's claim on the mental and physical disorder on the grounds of its stated reasoning is just and there is no error of misconception of facts or misapprehension of legal principles as to

Of the grounds of appeal, the defendant did not have any intention to rape.

The argument that the injury of the victim or the victim was not caused by the defendant's crime is not a legitimate ground for appeal, as alleged in the ground of appeal by the defendant, or by the court below that it was not subject to judgment ex officio.

In addition, under 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 not less 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 sentencing of

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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