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대법원 2016.06.09 2016도4528
강간
Text

The appeal is dismissed.

Reasons

The grounds of appeal are examined.

The judgment below

Examining the reasoning in light of the evidence duly admitted, the lower court was justifiable to have determined that the instant facts charged was guilty on the grounds stated in its reasoning.

There is no error of exceeding the bounds of the principle of free evaluation of evidence in violation of logical and empirical rules or violating the principle of free evaluation of evidence, contrary to the allegations in the grounds of appeal.

In addition, according to Article 383 (4) of the Criminal Procedure Act, an appeal on the grounds of an unfair sentencing shall be allowed only in cases where death penalty, life imprisonment, or imprisonment with or without prison labor for not less than ten years is pronounced.

In this case where a more minor sentence is imposed against the defendant, the argument that the punishment is too unreasonable is not a legitimate appeal.

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