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(영문) 대법원 2018.01.24 2017도19898
강간등
Text

The appeal is dismissed.

Reasons

The grounds of appeal are examined.

The lower court did not err by misapprehending the legal doctrine or violating the Supreme Court precedents regarding the crime of aiding and abetting evidence concealment, contrary to what is alleged in the appeal.

In addition, the argument that the judgment of the court below erred in the misapprehension of legal principles as to the amount of punishment constitutes an unfair judgment.

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 is imposed, an appeal is permitted for the wrongful grounds for sentencing. Therefore, the argument that the Defendant’s punishment is too unreasonable is not a legitimate ground for appeal.

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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