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(영문) 대법원 2019.09.26 2019도10484
준강간등
Text

The appeal is dismissed.

Reasons

The grounds of appeal are examined (to the extent of supplement in case of supplemental appellate briefs not timely filed).

Examining the facts in light of the relevant legal principles and evidence duly admitted, the lower court did not err by exceeding the bounds of the principle of free evaluation of evidence in violation of logical and empirical rules, or by misapprehending the legal doctrine on the establishment of crimes of violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, among the facts charged in the instant case, on July 4, 2018, concerning quasi-rape, violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (Kamerla, etc.), rape on July 5, 2018, and rape on July 6, 2018, or rape on July 6, 2018.

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 more than ten years is imposed, an appeal on the grounds of unfair sentencing

In this case where a more minor sentence is imposed against the defendant, the argument that the amount of punishment is unreasonable is not a legitimate ground for appeal.

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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