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(영문) 대법원 2014.08.28 2014도8717
강간등
Text

All appeals are dismissed.

Reasons

The grounds of appeal are examined.

1. Of the grounds of appeal, the argument that the court below erred by exceeding the sentencing guidelines and exceeding the inherent limits of sentencing discretion constitutes the allegation of unfair sentencing.

However, according to Article 383 subparagraph 4 of the Criminal Procedure Act, an appeal on the ground of unfair sentencing may be filed only when the court below rendered a death penalty, imprisonment with prison labor for life or for not less than ten years, and thus, in this case where the defendant and the person who requested an attachment order (hereinafter “defendant”) are sentenced to a more minor sentence, the above argument cannot be a legitimate ground for appeal.

2. With respect to a case for which a request for attachment order is made, if the defendant files a final appeal against the case for which the request for attachment order is filed, the final appeal shall be deemed filed.

However, there is no entry of reasons in the petition of appeal or there is no entry of reasons for objection in the petition of appeal.

3. All appeals are dismissed. It is so decided as per Disposition by the assent of all participating Justices on the bench.

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