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(영문) 대법원 2019.01.31 2018도18859
강간상해등
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, the lower court is justifiable to have determined that the Defendant and the respondent for an attachment order (hereinafter “Defendant”) were guilty of the facts charged in the instant case.

In so doing, contrary to the allegations in the grounds of appeal, there were no errors by misapprehending the bounds of the principle of free evaluation of evidence against logical and empirical rules or by misapprehending the legal principles on the commencement of rape.

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

The argument that the court below erred in the misunderstanding of facts or misunderstanding of legal principles that the defendant's assault constitutes an assault against the crime of rape is not a legitimate ground for appeal since the defendant's ground for appeal or the court below did not consider it as an object of ex officio.

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

However, there is no entry of reasons in the petition of appeal, and there is no entry of reasons for objection to this part in the statement of reasons 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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