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(영문) 대법원 2013.03.28 2013도1266
성폭력범죄의처벌등에관한특례법위반(장애인에대한준강간등)
Text

All appeals are dismissed.

Reasons

The grounds of appeal are examined.

Examining the reasoning of the lower judgment in light of the evidence duly admitted by the lower court, the lower court was justifiable to have determined that the Defendants guilty of the instant facts charged on the grounds indicated in its reasoning, and there was no error by exceeding the bounds of the principle of free evaluation of evidence inconsistent with logical and empirical rules, or by failing

In addition, pursuant to 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 against Defendant A, the argument that the amount of punishment is unreasonable

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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