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(영문) 대법원 2015.08.27 2015도9894
폭력행위등처벌에관한법률위반(집단ㆍ흉기등주거침입)등
Text

The appeal is dismissed.

Reasons

The grounds of appeal are examined.

The judgment below

Examining the reasoning of the first instance court and the evidence duly admitted by the lower court in light of its reasoning, the lower court was justifiable to have found the Defendant guilty of attempted rape among the facts charged in the instant case on the grounds stated in its reasoning, and contrary to what is alleged in the grounds of appeal, the lower court did not err by exceeding

In addition, examining the reasoning of the judgment below in light of the records, the court below is just in rejecting the defendant's assertion on mental and physical disability, and there is no violation of law as alleged in the grounds of appeal

Meanwhile, the argument that the lower court erred by misapprehending the legal principles on the method of examining sentencing and determining sentencing, thereby infringing on the fundamental contents of the principle of balanced punishment or the principle of liability, is ultimately an unreasonable sentencing argument. However, only in a case where death penalty, life imprisonment, or imprisonment or imprisonment without prison labor for not less than ten years is pronounced, an appeal on the ground of unfair sentencing is allowed. As such, in this case where the Defendant was sentenced to a minor punishment, the argument that the amount of the sentence is 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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