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(영문) 대법원 2020.03.27 2020도710
성폭력범죄의처벌등에관한특례법위반(특수준강간)
Text

All appeals are dismissed.

Reasons

The grounds of appeal are examined.

1. The lower court found Defendant A guilty of the facts charged on the grounds stated in its reasoning.

The judgment below

Examining the reasoning in light of the relevant legal principles and the evidence duly admitted, the lower court did not err in its judgment by exceeding the bounds of the principle of free evaluation of evidence in violation of logical and empirical rules, or by misapprehending the legal doctrine on the establishment of special

2. The lower court found Defendant B, C, and D guilty of the facts charged on the ground of appeal by Defendant B, C, and D on the grounds as stated in its reasoning.

The judgment below

Examining the reasoning in light of the relevant legal principles and evidence duly admitted, 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 the legal doctrine on the establishment of special quasi-rape and joint crimes.

The argument that the lower court erred by failing to exhaust all necessary deliberations on sentencing factors, by violating the principle of prohibition of double evaluation and proportional principles, and by infringing the right of equality constitutes an allegation of unfair sentencing.

However, according 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 not less than ten years is imposed, an appeal on the grounds of unfair sentencing

Defendant

In this case where a minor sentence is imposed against B, C, and D, the argument that the punishment is too unreasonable is not a legitimate ground 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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