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(영문) 대법원 2016.04.28 2016도2349
성폭력범죄의처벌등에관한특례법위반(친족관계에의한강간)등
Text

The appeal is dismissed.

Reasons

The grounds of appeal are examined.

According 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 not less than ten years is imposed, a final appeal may be filed on the grounds of unfair sentencing. Thus, in this case where a more minor sentence is imposed against the defendant, the argument that punishment is too unreasonable is not a legitimate ground for final appeal.

In addition, Article 383 subparag. 4 of the Criminal Procedure Act, which limits the grounds for appeal on the grounds of unfair sentencing, belongs to the territory of the legislative authority’s freedom of formation permitted by law, and thus, the provisions of the above Act cannot be deemed to be in violation of Article 27 of the Constitution, etc. Therefore, the grounds for appeal purporting that the above

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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