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(영문) 대법원 2017.06.08 2017도4940
성폭력범죄의처벌등에관한특례법위반(장애인강간)등
Text

The appeal is dismissed.

Reasons

The grounds for appeal are examined.

The argument that the judgment below erred in violation of the principle of balance of punishment, the principle of responsibility, the principle of equality, and the principle of discretion of sentencing due to misconception of facts, hearing, or failure to examine the circumstances that are the basis of sentencing or the conditions of sentencing is ultimately an unfair argument in sentencing.

Therefore, under Article 383 subparagraph 4 of the Criminal Procedure Act, only in cases where death penalty, life imprisonment, or imprisonment with or without prison labor for more than ten years has been imposed, an appeal is permitted for the wrongful grounds for sentencing. As such, the argument that the determination of a sentence is unfair is not a legitimate ground for appeal in this case where a minor sentence has been imposed against the defendant.

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

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