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(영문) 대법원 2013.07.11 2013도5573
성폭력범죄의처벌등에관한특례법위반(절도강간등)
Text

All appeals are dismissed.

Reasons

The grounds of appeal are examined.

1. Examining the reasoning of the lower judgment in light of the evidence duly admitted by the lower court, the lower court was justifiable to have found the Defendant guilty of the instant conjunctive charges on the grounds stated in its reasoning, and there was no error of misapprehending the bounds of the principle of free evaluation of evidence in violation of logical and empirical rules, contrary to what is alleged in the

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 not less than ten years has been imposed, an appeal on the grounds of unfair sentencing is permitted. Thus, in this case where a lower sentence has been imposed on the defendant, the argument that the amount of punishment is unreasonable cannot

2. With respect to the case of the request for attachment order, if the defendant and the respondent for the attachment order file a final appeal regarding the case of the accused case, the appeal shall be deemed to have been 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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