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(영문) 대법원 2014.03.13 2014도820
성폭력범죄의처벌등에관한특례법위반(절도강간등)등
Text

All appeals are dismissed.

Reasons

The grounds of appeal are examined.

1. Examining the reasoning of the lower judgment on the grounds of appeal by the prosecutor in light of the record, the lower court is justifiable to have rendered a not guilty verdict on the charge of violating the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes among the instant facts charged, on the grounds stated in its reasoning. In so doing, contrary to what is alleged in the grounds of appeal, the lower court did not err by exceeding the bounds of the principle of free evaluation of evidence against logical and empirical rules, or by misapprehending

2. As to the Defendant’s grounds of appeal, the Defendant’s argument of incomplete deliberation on sentencing conditions constitutes an allegation of unfair sentencing.

However, under 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 allowed. Thus, in this case where a more minor sentence has been imposed on the defendant, the argument that the sentencing of the punishment

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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