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(영문) 대법원 2016.06.09 2016도4025
성폭력범죄의처벌등에관한특례법위반(특수준강간)
Text

All appeals are dismissed.

Reasons

The grounds of appeal are examined.

1. As to the grounds for appeal by Defendant A, the allegation that the lower court’s failure to properly reflect the sentencing conditions under Article 51 of the Criminal Act constitutes an unfair allegation in sentencing.

However, pursuant to Article 383 subparagraph 4 of the Criminal Procedure Act, only in cases where death penalty, life imprisonment, or imprisonment with or without prison labor for more than ten years is imposed, a final appeal may be filed on the grounds of unfair sentencing. Thus, the argument that the punishment is too unreasonable for Defendant A to be imposed is not a legitimate ground for final appeal.

2. Examining the reasoning of the judgment below as to Defendant B’s grounds for appeal in light of the records, the court below was just in rejecting Defendant B’s assertion as to Defendant B’s mental and physical disorder on the grounds of its stated reasoning, and there was no error of law by misapprehending the legal principles as to mental

According to Article 383 subparag. 4 of the R Criminal Procedure Act, only in cases where death penalty, life imprisonment, or imprisonment with or without prison labor for not less than ten years has been imposed, an appeal may be filed on the grounds of unfair sentencing. As such, in this case where Defendant B was sentenced to minor punishment, the argument that the amount of punishment is unfair is not a legitimate ground for appeal.

Meanwhile, among the grounds for appeal by Defendant B, the allegation that there was an error of misunderstanding of the facts or misunderstanding of the legal principles in the judgment of the court below is based on the appeal by Defendant B, or that the court below did not have been subject to an ex officio decision, and thus, it cannot be a legitimate ground

B. In addition, even if we look at the judgment below, there is no error of law as alleged in the grounds of appeal.

3. Examining the reasoning of the lower judgment on the grounds of Defendant C’s appeal in light of the record, the lower court is justifiable to have rejected the allegation regarding Defendant C’s mental and physical disorder on the grounds of its stated reasoning, as otherwise alleged in the grounds of appeal.

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