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(영문) 대법원 2020.02.27 2019도18928
유사강간등
Text

All appeals are dismissed.

Reasons

The grounds of appeal are examined.

1. On the grounds indicated in its reasoning, the lower court upheld the first instance judgment that convicted all of the facts charged of the instant case.

The judgment below

Examining the reasoning in light of the relevant legal principles and evidence duly admitted, the lower court did not err by exceeding the bounds of the principle of free evaluation of evidence against logical and empirical rules, or by misapprehending the legal doctrine on the establishment of similar rape, special intimidation, and bodily injury, without exhaust all necessary deliberations in its judgment.

In addition, according 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 more than ten years is imposed, an appeal on the grounds of unfair sentencing

Defendant

In this case where a probation order requester (hereinafter referred to as "defendant") is sentenced to a more minor punishment, the argument that the punishment is too unreasonable is not a legitimate ground for appeal.

2. As long as a defendant files an appeal against a prosecuted case regarding a request for probation order, the request for probation order shall be deemed to have been appealed.

However, there is no indication of the reason in the petition of appeal and there is no ground for appeal on this part.

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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