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(영문) 대법원 2015.03.12 2015도221
특수강도등
Text

All appeals are dismissed.

Reasons

The grounds of appeal are examined.

The judgment below

Examining the reasoning in light of the records and evidence, the lower judgment that convicted Defendant A of attempted rape among the facts charged in the instant case did not exhaust all necessary deliberations, as otherwise alleged in the grounds of appeal, and did not err by misapprehending the legal doctrine on facts or by misapprehending the rules of logic and experience.

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 Defendants, the argument that the sentencing of punishment is unreasonable

Therefore, all appeals are dismissed. It is so decided as per Disposition by the assent of all participating Justices on the bench.

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