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(영문) 대법원 2015.02.26 2015도1
강간상해
Text

All appeals are dismissed.

Reasons

The grounds of appeal are examined.

The gist of the grounds of appeal is that the judgment of the court below is unlawful, since the court below found the defendant guilty by finding erroneous facts in violation of the rules of evidence and misunderstanding the relevant legal principles despite the fact that the defendant and the respondent for an attachment order (hereinafter referred to as the "defendant") did not have any intention to rape the victim.

However, the recognition of facts and the selection and evaluation of evidence conducted on such premise are within the discretionary authority of the fact-finding court unless they exceed the bounds of the principle of free evaluation of evidence. The ground of appeal is not legitimate grounds of appeal since it contests the fact-finding belonging to the discretionary authority of the court below or asserts the misapprehension of legal principles on the premise of facts different from

In addition, according to 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 more 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 sentence is too unreasonable cannot be

In addition, the argument that the attachment order of an electronic device, the disclosure notification order, and the order to complete a sexual assault treatment program are improper among the grounds of appeal is not legitimate grounds of appeal, since the defendant asserted it as grounds of appeal or the court below did not consider it as subject to judgment ex officio.

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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