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(영문) 대법원 2017.04.27 2017도3338
성폭력범죄의처벌등에관한특례법위반(주거침입유사강간)
Text

All appeals are dismissed.

Reasons

The grounds of appeal are examined.

1. Examining the record of the Defendant’s case, the lower court’s determination rejecting the assertion that the Defendant and the person requesting the attachment order (hereinafter “Defendant”) were in a state of mental and physical weakness at the time of committing the instant crime is justifiable.

In doing so, there was no error by misapprehending the legal principles or misconception of facts regarding mental disorder.

In addition, the argument that the judgment of the court below is erroneous in the deliberation of sentencing conditions is ultimately unfair.

According to Article 383 (4) of the Criminal Procedure Act, only in cases where death penalty, life imprisonment, or imprisonment with or without prison labor for not less than ten years is imposed, an appeal shall be allowed on the grounds of unfair sentencing.

In this case where a more minor punishment is imposed against the defendant, the argument that the amount of punishment is unfair is not a legitimate ground for appeal.

2. With respect to a case for which a request to attach an attachment order is filed, a final appeal shall be deemed filed regarding the case for which the defendant files a final appeal.

However, there is no reason to object to the petition of appeal or the statement of reason for appeal.

3. 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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