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(영문) 대법원 2013.09.27 2013도8861
성폭력범죄의처벌등에관한특례법위반(13세미만미성년자강간등)등
Text

All appeals are dismissed.

Reasons

The grounds of appeal are examined.

1. Examining the reasoning of the lower judgment in light of the evidence duly admitted by the lower court, the lower court is justifiable to have found the Defendant guilty of the instant facts charged 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 the bounds of the principle

In addition, 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 permitted. Thus, in this case where the defendant and the requester for an attachment order (hereinafter “defendant”) rendered a minor sentence, the argument that the sentencing of the sentence is unreasonable is not legitimate grounds for appeal

2. As to the case for which a request to attach an attachment order is filed by the defendant, the appeal is deemed to have been filed regarding the case for which the request to attach an attachment order is sought. However, there is no indication in the petition of appeal that the grounds for appeal are stated and no statement in the appellate brief is found.

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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