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(영문) 대법원 2018.10.25 2018도12479
성폭력범죄의처벌등에관한특례법위반(강간등상해)등
Text

All appeals are dismissed.

Reasons

The grounds of appeal are examined.

1. The lower court upheld the first instance judgment that found Defendant A guilty of the facts charged (excluding the non-guilty and the non-guilty part of the grounds) against Defendant A.

The judgment below

Examining the reasoning in light of the evidence duly admitted, the lower court did not err in its judgment by exceeding the bounds of the principle of free evaluation of evidence against logical and empirical rules, or by misapprehending the legal doctrine on the crime of confinement and joint principal offenders, contrary to what is alleged in the

According to Article 383 (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 declared, an appeal can be filed on the grounds of unfair sentencing.

Therefore, in this case where the defendant A was sentenced to a more minor sentence, the argument that the punishment is too unreasonable is not a legitimate appeal.

2. The lower court upheld the first instance judgment that found Defendant C guilty of the facts charged (except for the portion without charge) against Defendant C.

The judgment below

Examining the reasoning in light of the evidence duly admitted, the lower court did not err in its judgment by exceeding the bounds of the principle of free conviction in violation of logical and empirical rules, or by misapprehending the legal doctrine on aiding and abetting confinement, contrary to what is alleged in the grounds of appeal

3. The Defendants’ final appeal is dismissed in entirety as it is without merit. It is so decided as per Disposition by the assent of all participating Justices on the bench.

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