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(영문) 대법원 2016.04.15 2016도2203
성폭력범죄의처벌및피해자보호등에관한법률위반(장애인에대한준강간등)등
Text

The appeal is dismissed.

Reasons

The grounds of appeal are examined.

Criminal facts have to be proved to the extent that there is no reasonable doubt (Article 307(2) of the Criminal Procedure Act). However, the preparation of evidence and the probative value of evidence conducted on the premise of fact-finding belong to the free judgment of the fact-finding court (Article 308 of the Criminal Procedure Act). For reasons indicated in its reasoning, the lower court determined that the Defendant had the ability to distinguish things or make decisions at the time of committing each of the instant crimes and did not have weak standing.

As a result, we rejected the Defendant’s allegation of reasons for appeal regarding the mental disorder.

The allegation in the grounds of appeal is the purport of disputing the determination of facts by the court below, and it is merely erroneous for the court below's determination of free evaluation of evidence and probative value which belong to the free evaluation by the fact-finding court. Even if examining the reasoning of the judgment below in light of the records, the court below did not err by exceeding the limit of free evaluation of evidence, or by exceeding the limit of free evaluation

In addition, pursuant to Article 383 subparagraph 4 of the Criminal Procedure Act, only in cases where death penalty, life imprisonment, or imprisonment with or without prison labor for more than ten years is imposed, an appeal may be filed on the grounds of unfair sentencing. As such, in this case where a more minor sentence is imposed against the defendant, the argument that the sentence is too unreasonable is not a legitimate ground for 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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