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(영문) 대법원 2016.03.24 2016도1414
성폭력범죄의처벌등에관한특례법위반(강간등상해)
Text

All appeals are dismissed.

Reasons

The grounds of appeal are examined.

1. Examining the evidence duly admitted by the first instance court, which maintained the reasoning of the lower judgment in relation to the Defendant case, the lower court was justifiable to have determined that the Defendant was guilty of the instant facts charged on the grounds stated in its reasoning. In so doing, the lower court did not err by exceeding the bounds of the principle of free evaluation of evidence in violation of logical and empirical rules or by misapprehending the relevant legal doctrine

In addition, examining the reasoning of the lower judgment in light of the record, it is justifiable for the lower court to have rejected the allegation on the mental and physical weakness of the Defendant and the requester for an attachment order (hereinafter “Defendant”), based on the circumstances as indicated in its reasoning, and there is no error that the lower court did not recognize a mental and physical disorder

In addition, pursuant to Article 383 subparagraph 4 of the Criminal Procedure Act, only in the case where death penalty, life imprisonment, or imprisonment with or without prison labor for more than ten years is imposed, an appeal is permitted for the wrongful grounds for sentencing. Thus, the argument that the amount of the sentence is unfair is not a legitimate ground for appeal in this case where a more minor sentence is imposed against the defendant.

2. With respect to the case for which a request for attachment order is filed, a final appeal shall be deemed filed regarding the case for which a defendant files a final appeal regarding the defendant's case.

However, there is no statement in the petition of appeal the reason for appeal and there is no statement in the statement of reason for 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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