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(영문) 대법원 2012.06.28 2012도4665
성폭력범죄의처벌등에관한특례법위반(강간등상해)등
Text

The appeal is dismissed.

Reasons

The grounds of appeal are examined.

The judgment below

In light of the evidence duly adopted by the court of first instance, the court below's determination that the court below found the defendant guilty of violating the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes among the facts charged in the instant case on the grounds stated in its reasoning is acceptable, and there is no error of law by exceeding the bounds of the principle of free evaluation of evidence in violation of logical and empirical rules, or by misapprehending the legal principles on the violation of the Act on Special Cases Concerning the Punishment

The judgment below

In light of the records, the court below's rejection of the defendant's claim on the mental and physical disorder based on its stated reasoning is just and there is no error of law by misapprehending the legal principles on mental and physical disorder

Although the Defendant alleged to the effect that there was an error of misunderstanding of facts as to the damage of property in the lower judgment, it cannot be a legitimate ground for appeal as a new argument not asserted in the lower court.

In addition, under 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 grounds of unfair sentencing is allowed. Thus, in this case where a more minor sentence has been imposed on the defendant, the argument 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.

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