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(영문) 대법원 2015.08.27 2015도9098
성폭력범죄의처벌등에관한특례법위반(장애인유사성행위)등
Text

The appeal is dismissed.

Reasons

The grounds of appeal are examined.

The argument that the judgment of the court below violated the basic contents of the principle of balance of punishment or the principle of responsibility on the grounds of the misapprehension of the legal principles as to sentencing conditions or the determination of sentencing is ultimately an allegation of unfair sentencing. However, 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 is imposed, an appeal on the grounds of unfair sentencing is allowed. Thus, in this case where the defendant was sentenced to minor punishment, the argument that the amount

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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