logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대법원 2016.03.24 2016도654
성폭력범죄의처벌등에관한특례법위반(장애인강간)
Text

The appeal is dismissed.

Reasons

The grounds of appeal are examined.

Examining the evidence duly adopted and examined by the lower court and the first instance court, the lower court was justifiable to have determined that the instant facts charged was guilty on the grounds stated in its reasoning.

In addition, there is no violation of law of logic and experience beyond the limit of free evaluation of evidence by failing to exhaust all necessary deliberations.

In addition, the argument that the judgment of the court below is erroneous in the deliberation of the sentencing grounds is ultimately unfair.

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 punishment is imposed against the defendant, the argument that the amount of punishment is unfair 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.

arrow