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(영문) 대법원 2018.04.12 2018도2179
준강간등
Text

The appeal is dismissed.

Reasons

The grounds of appeal are examined.

Whether or not to resume closed pleadings is the matter belonging to the court's discretion.

Therefore, even if the court below rejected the application for resumption of pleading after the closure of pleadings, there were errors in the misapprehension of legal principles as to the litigation procedures, abuse of the right to direct the litigation, violation of the rules of evidence, violation of the principle of trial on evidence, and failure of trial.

subsection (b) of this section.

In addition, the defendant appealed against the judgment of the first instance and argued only unfair sentencing on the grounds of appeal.

In such a case, the argument that the lower court erred in trial failure, etc. is not a legitimate ground for appeal.

On the other hand, the argument that the court below's failure to deliberate on the sentencing constitutes an unfair argument in sentencing.

According to Article 383 (4) of the Criminal Procedure Act, only in cases where death penalty, life imprisonment, or imprisonment with or without prison labor for not less than ten years is imposed, an appeal shall be allowed on the grounds of unfair sentencing.

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 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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