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(영문) 대법원 2016.08.24 2016도8364
성폭력범죄의처벌등에관한특례법위반(강간등치상)등
Text

The appeal is dismissed.

Reasons

The grounds of appeal are examined.

The judgment below

Examining the evidence duly adopted by the first instance court, which maintained the reasoning of the judgment, the court below was just in finding the Defendant guilty of violating the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (Rape, etc.) among the facts charged in the instant case on the grounds stated in its reasoning, and there were no errors in the misapprehension of legal principles as to "injury" in the crime of indecent act by force, as alleged in the grounds of appeal.

In addition, examining the reasoning of the judgment below in light of the records, it is just that the court below rejected the defendant's mental and physical weakness on the grounds as stated in its reasoning, and there is no error of law

In addition, pursuant to Article 383 subparagraph 4 of the Criminal Procedure Act, only in the case where death penalty, life imprisonment, or imprisonment with or without prison labor for more than ten years is imposed, an appeal is permitted for the wrongful grounds for sentencing. Thus, the argument that the amount of the sentence is unfair is not a legitimate ground for appeal in this case where a more minor sentence is imposed against 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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