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(영문) 대법원 2013.04.11 2013도2164
아동ㆍ청소년의성보호에관한법률위반(강간등)
Text

All appeals are dismissed.

Reasons

The grounds of appeal are examined.

1. According to the records as to the accused case, the accused and the respondent for an attachment order (hereinafter “defendant”) asserted in the statement of grounds of appeal that they were in a state of mental disorder under the influence of alcohol at the time of the instant crime, and did not clearly withdraw the assertion on the date of the original trial, the lower court determined the Defendant’s grounds of appeal on the grounds that it was unreasonable to regard the grounds of appeal as an unreasonable sentencing, and did not make any judgment as to

However, in light of the judgment below and the records, since it is not recognized that the defendant had a mental disorder at the time of committing the instant crime, the omission of judgment by the court below does not affect the conclusion of the judgment

In addition, according to Article 383 subparagraph 4 of the Criminal Procedure Act, an appeal on the grounds of unfair sentencing is allowed only in cases where death penalty, life imprisonment, or imprisonment or imprisonment without prison labor for not less than ten years

In this case where a more minor sentence is imposed against the defendant, the argument that the amount of punishment is unreasonable is not a legitimate ground for appeal.

2. As to the case for which a request to attach an attachment order is filed by the defendant, the appeal is deemed to have been filed regarding the case for which the request to attach an attachment order is sought. However, there is no indication in the petition of appeal that the grounds for appeal are stated and no statement in the appellate brief is found.

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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