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(영문) 대법원 2019.03.14 2019도287
성폭력범죄의처벌등에관한특례법위반(친족관계에의한준강간)등
Text

All appeals are dismissed.

Reasons

The grounds of appeal are examined.

1. Examining the reasoning of the judgment below in light of the records, it is just that the court below rejected the argument of the defendant and the requester for probation order (hereinafter referred to as "defendant") about the mental and physical disorder based on the circumstances in its reasoning, and it is not erroneous in the incomplete hearing or in the violation of the rules of evidence,

In addition, the argument that the judgment of the court below is erroneous in the violation of the rules of evidence and incomplete deliberation is ultimately an unreasonable sentencing argument.

However, 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 not less than ten years is imposed, an appeal on the grounds of unfair sentencing

In this case where a more minor sentence is imposed on the defendant, the argument that the punishment is too unreasonable is not a legitimate ground for appeal.

2. When a defendant files an appeal against a prosecuted case regarding a request for probation order, the appeal shall be deemed to have been filed regarding a request for probation order.

However, there is no statement of grounds for objection in the petition of appeal or the appellate brief.

3. 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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