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(영문) 대법원 2014.08.26 2014도6932
성폭력범죄의처벌및피해자보호등에관한법률위반(강간등치상)등
Text

All appeals are dismissed.

Reasons

The grounds of appeal are examined.

1. According to the records on the accused case, the accused and the respondent for the attachment order (hereinafter “defendant”) appealed against the judgment of the first instance, and asserted only unfair sentencing as the grounds for appeal.

In such a case, the argument that there is an error of mistake in the judgment of the court below shall not be a legitimate ground for appeal.

In addition, pursuant to 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 more 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 defendant, the argument that the punishment is too unreasonable is not a legitimate

2. With respect to a case for which a request for attachment order is made, if the defendant files a final appeal against the case for which the request for attachment order is filed, the final appeal shall be deemed filed.

However, there is no entry of reasons in the petition of appeal or there is no entry of reasons for objection in the petition of appeal.

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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