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(영문) 대법원 2013.09.27 2013도8490
성폭력범죄의처벌등에관한특례법위반(특수강간)등
Text

The appeal is dismissed.

Reasons

The grounds of appeal are examined.

The judgment below

Examining the reasoning in light of the evidence duly admitted by the court below, it is just to find the court below guilty of violating the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (special rape) among the facts charged in the instant case, and there is no violation of law of logic and experience and the principle of free evaluation 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 permitted. Thus, in this case where a lower sentence has been imposed on the defendant, the argument that the amount of punishment is unreasonable cannot be

Furthermore, even if the record is examined, there is no illegality as alleged in the grounds of appeal.

Therefore, the appeal is dismissed. It is so decided as per Disposition by the assent of all participating Justices on the bench.

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