logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대법원 2013.04.11 2013도2019
성폭력범죄의처벌등에관한특례법위반(특수강간)
Text

The appeal is dismissed.

Reasons

The grounds of appeal are examined.

According to the records, the defendant appealed against the judgment of the court of first instance and asserted only mental and physical disorder and unreasonable sentencing as the grounds for appeal.

In such a case, the argument that the lower court erred by mistake or misunderstanding of legal principles cannot be a legitimate ground for appeal.

In addition, examining the reasoning of the lower judgment in light of the evidence duly admitted, the lower court did not err by misapprehending the legal doctrine as to the mental and physical disorder or by misapprehending the legal doctrine, contrary to what is alleged in the grounds of appeal.

In addition, according 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 not less than ten years has been imposed, an appeal on the ground of unfair sentencing is allowed. Thus, in this case where a minor sentence has been imposed on the defendant, the reason that the sentencing of the

Therefore, the appeal is dismissed. It is so decided as per Disposition by the assent of all participating Justices on the bench.

arrow