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(영문) 대법원 2013.08.22 2013도7197
성폭력범죄의처벌등에관한특례법위반(특수강간)등
Text

All appeals are dismissed.

Reasons

The grounds of appeal are examined.

1. Examining the reasoning of the lower judgment as to Defendant AM’s grounds of appeal in light of the evidence duly admitted by the lower court, the lower court was justifiable to have found Defendant AM guilty of the instant conjunctive facts charged on the grounds indicated in its reasoning. In so doing, contrary to what is alleged in the grounds of appeal, the lower court did not err by violating logical

2. Examining the reasoning of the lower judgment as to Defendant A’s grounds of appeal in light of the evidence duly admitted by the lower court, the lower court is justifiable to have found Defendant A guilty of each of the instant facts charged on the grounds indicated in its reasoning. In so doing, contrary to what is alleged in the grounds of appeal, the lower court did not err by misapprehending the rules of logic and experience and exceeding the bounds of the free evaluation of evidence

In addition, the allegation of mistake or misapprehension of legal principles as to fraud in the grounds of appeal is not a legitimate ground of appeal, which is alleged in the ground of appeal by Defendant A as the grounds of appeal or as the judgment of the court below is not subject to ex officio.

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 against Defendant A, the argument that the punishment is too unreasonable is not a legitimate

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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