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(영문) 대법원 2018.10.25 2018도12635
강간등
Text

The appeal is dismissed.

Reasons

The grounds of appeal are examined (to the extent of supplement in case of applications filed following the deadline for appeal not timely filed).

The judgment below

Examining the reasoning in light of the evidence duly admitted, the lower court did not err by exceeding the bounds of the principle of free evaluation of evidence in violation of logical and empirical rules or by misapprehending the relevant legal doctrine, contrary to what is alleged in the grounds of appeal.

The assertion that the lower judgment erred by misapprehending the essential contents of the principle of balance of punishment or the principle of accountability due to the mistake of facts, misunderstanding of legal doctrine, hearing failure, etc. as to sentencing conditions constitutes an unfair allegation in sentencing.

According to Article 383 (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 is declared, an appeal can be filed on the grounds of unfair sentencing.

Therefore, in this case where the defendant was sentenced to a more minor punishment, the argument that the above assertion or punishment is too unreasonable is not a legitimate ground for appeal.

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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