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(영문) 대법원 2018.11.29 2018도15616
강간등
Text

The appeal is dismissed.

Reasons

The grounds of appeal are examined.

The lower court upheld the first instance judgment that convicted all of the facts charged of the instant case.

The judgment below

Examining the reasoning in light of the relevant legal principles and evidence duly admitted, the lower court did not err in its judgment 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 crime of injury, confinement, violation of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (a camera, etc.) and the crime of rape, the crime of rape, and

According to Article 383 (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 is declared, an appeal can be filed on the grounds of unfair sentencing.

Therefore, in this case where a more minor sentence is imposed against the defendant, the argument that the punishment is too 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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