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(영문) 대법원 2016.08.29 2016도8359
성폭력범죄의처벌등에관한특례법위반(친족관계에의한강간)
Text

The appeal is dismissed.

Reasons

The grounds of appeal are examined.

According to Article 383 subparag. 4 of the Criminal Procedure Act, only a case on which death penalty, life imprisonment, or imprisonment with or without prison labor for not less than ten years has been imposed, an appeal may be filed on the ground that the judgment of the court below affected the conclusion of the judgment, or that the amount of the punishment has been extremely unfair, was significantly unfair. As such, in the instant case where the defendant was sentenced to a more minor punishment, the argument that the court below merely contests the recognition of the facts of the court below or that the punishment is too unreasonable without any specific assertion on the grounds of violation of the law

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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