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(영문) 대법원 2015.07.23 2015도7959
성폭력범죄의처벌및피해자보호등에관한법률위반(13세미만미성년자강간등)등
Text

The appeal is dismissed.

Reasons

The grounds of appeal are examined.

The defendant asserts that the court below's ground of appeal contains an error of infringing on the essential contents of the principle of balanced criminal punishment or the principle of responsibility. In light of the reasoning of the judgment below, the above argument constitutes an argument of unfair sentencing.

However, 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 more than ten years has been imposed, an appeal on the ground of unfair sentencing is allowed. Thus, in this case where a more minor sentence has been imposed on the defendant, the above assertion or the above argument that the above punishment is too unreasonable is not legitimate

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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