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(영문) 대법원 2013.05.09 2013도3310
강간치상등
Text

All appeals are dismissed.

Reasons

The grounds of appeal are examined.

1. According to Article 383 subparag. 4 of the Criminal Procedure Act regarding the argument of the grounds of appeal against the accused case, an appeal on the grounds of unfair sentencing is allowed only in cases where death penalty, life imprisonment, or imprisonment with or without labor for more

The lower court upheld the first instance judgment that sentenced the seven-year imprisonment.

Therefore, the argument that the amount of punishment is unreasonable is not a legitimate ground of appeal.

2. As to the case of the request for attachment order, when the defendant and the respondent for the attachment order file a final appeal against the accused case, the appeal shall be deemed to have been filed regarding the case of the request for attachment order, but the appellate brief shall not state any grounds for appeal in the petition of final appeal and shall not

3. 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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