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(영문) 대법원 2013.08.23 2013도6971
폭력행위등처벌에관한법률위반(공동감금)등
Text

The appeal is dismissed.

Reasons

The grounds of appeal are examined.

Examining the reasoning of the judgment below in light of the evidence duly adopted by the court of first instance, it is justified that the court below found the defendant guilty of violating the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes among the facts charged in the instant case on the grounds stated in its reasoning. Contrary to the allegations in the grounds of appeal, the court below did not err by misapprehending the law of logic and experience and exceeding the bounds of the free evaluation of evidence, or by misapprehending the legal principles as to the principle of prohibition against double Jeopardy and the qualification of

In addition, pursuant 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 more 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 defendant, the argument that the amount of punishment is unreasonable

Furthermore, even in examining records, the lower court did not err by misapprehending the legal doctrine as alleged by the Defendant.

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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