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(영문) 대법원 2017.02.21 2016도21244
성폭력범죄의처벌등에관한특례법위반(강간등상해)등
Text

The appeal is dismissed.

Reasons

The grounds of appeal are examined.

The judgment below

In light of the records, the court below is just in rejecting the defendant's argument about mental and physical weakness on the grounds of its stated reasoning, and there is no error of misunderstanding of facts or misunderstanding of legal principles as to mental and physical weakness, as alleged in the grounds of appeal

In addition, pursuant to Article 383 subparagraph 4 of the Criminal Procedure Act, an appeal may be filed only for a case on which death penalty, life imprisonment, or imprisonment with or without prison labor for more than ten years has been imposed. Thus, in this case where a more minor sentence has been imposed against the defendant, the argument that the sentence 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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