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(영문) 대법원 2015.09.10 2015도11233
강간상해
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 by the lower court, the lower court’s determination that the instant facts charged were guilty on the grounds stated in its reasoning is justifiable, and contrary to what is alleged in the grounds of appeal, the lower court did not err by exceeding the bounds of the principle

In addition, 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 permitted. Thus, in this case where the defendant and the requester for an attachment order (hereinafter “defendant”) rendered a minor sentence, the argument that the amount of punishment is unreasonable is not legitimate grounds for appeal.

2. As to the case of the request for attachment order, the lower court maintained the first instance court’s conclusion that recognized the Defendant’s risk of recidivism and recidivism of sexual assault crimes, based on the grounds indicated in its reasoning.

The judgment below

Examining the grounds for appeal in light of the evidence duly admitted, the lower court did not err in its judgment as to the risk of recidivism of sexual crime, even if the grounds for appeal are considered as alleged in the grounds 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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