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(영문) 대법원 2013.11.14 2013도10820
성폭력범죄의처벌등에관한특례법위반(특수준강간)
Text

All appeals are dismissed.

Reasons

The grounds of appeal are examined (to the extent of supplement in case of supplemental appellate briefs not timely filed).

The judgment below

Examining the reasoning of the lower court in light of the evidence duly admitted by the lower court, the lower court was justifiable to have found the Defendants guilty of violating the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (special quasi-rape). In so doing, contrary to what is alleged in the grounds of appeal, the lower court did not err by exceeding the bounds of the principle of free evaluation of evidence and exceeding

Meanwhile, 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 Defendants, the argument that the amount of punishment is unreasonable is not

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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