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(영문) 대법원 2013.07.12 2013도5675
성폭력범죄의처벌등에관한특례법위반(장애인에대한준강간등)등
Text

All appeals are dismissed.

Reasons

The grounds of appeal are examined.

The judgment below

Examining the reasoning of the lower court and the first instance court in light of the evidence duly admitted, the lower court is justifiable to have found the Defendants guilty of each of the charges of this case on the grounds stated in its reasoning. In so doing, it did not err by misapprehending the legal doctrine on “the state of failing to resist due to a mental disorder” in the crime of quasi-rape and quasi-indecent act against the rules of evidence.

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 Defendants, the argument that the sentencing of punishment

Therefore, 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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