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(영문) 대법원 2015.05.14 2015도3489
성폭력범죄의처벌등에관한특례법위반(특수강간)등
Text

All appeals are dismissed.

Reasons

The grounds of appeal are examined.

1. According to the records of the accused case, the accused and the respondent for the attachment order (hereinafter “defendant”) appealed against the judgment of the first instance, and asserted only unfair sentencing as the grounds for appeal.

In such cases, the argument that the judgment of the court below erred in the misconception of facts as to the violation of the Punishment of Violences, etc. Act among the facts charged of this case shall not be a legitimate ground for appeal.

Furthermore, the lower court did not err in its determination as otherwise alleged in the grounds of appeal.

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 allowed. Thus, in this case where a more minor sentence has been imposed on the defendant, the argument that the amount of punishment is unreasonable

2. In the event that a defendant files an appeal against a prosecuted case regarding the case claiming an attachment order, the appeal shall be deemed to have been filed regarding the case claiming the attachment order, but the petition of appeal or the appellate brief shall not state the grounds for objection to the appeal.

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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