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(영문) 대법원 2017.05.17 2017도2756
강도강간
Text

All appeals are dismissed.

Reasons

The grounds of appeal are examined.

1. The grounds of appeal by the defendant in the case are as follows: the defendant and the person who requested the attachment order (hereinafter "defendant") to whom the attachment order was issued ("the defendant") did not commit rape by assaulting the victim, but the court below erred in finding facts and found the sentencing unfair, and thus the judgment below is unlawful.

However, the recognition of facts, the selection and evaluation of evidence is within the discretionary power of the fact-finding court unless it goes beyond the limit of free evaluation of evidence.

The judgment below

In light of the record, even if examining the reasoning of the judgment below, the recognition of the facts exceeded the limit of free evaluation of evidence.

In this case where the defendant is sentenced to a minor imprisonment for more than 10 years, the argument that the sentencing is unfair is not a legitimate ground for appeal.

In addition, the ground of appeal that there is an error in the misapprehension of the legal principles as to the elements of fraud in the judgment of the court below is alleged only for the grounds of appeal that the defendant did not use it as the ground of appeal or as the subject of judgment by the court below ex officio

2. If the criminal defendant for whom the request to attach an attachment order is filed files a final appeal against the criminal defendant's case, the final appeal shall be deemed filed also regarding the case regarding

However, there is no indication of the reason in the petition of appeal and there is no indication of the reason for appeal in the petition of appeal.

3. The defendant's final appeal is all dismissed. It is so decided as per Disposition by the assent of all participating Justices on the bench.

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