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(영문) 대법원 2013.11.14 2013도10613
성폭력범죄의처벌등에관한특례법위반(강간등치상)등
Text

The appeal is dismissed.

Reasons

The grounds of appeal are examined.

According to the records, while appealed against the judgment of the first instance, the defendant asserted mistake of facts, misapprehension of legal principles, and mental and physical disorder along with unfair sentencing as the grounds for appeal, but withdrawal of mistake of facts, misapprehension of legal principles, and assertion of mental and physical disorder on the first trial date of the lower court, thereby leaving only the grounds for

In such a case, the argument that the judgment of the court below did not recognize an error of mistake or misunderstanding of legal principles or a mental or physical disorder is not a legitimate ground for appeal.

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 allowed. Thus, in this case where a more minor sentence has been imposed on the defendant, the argument that the amount of punishment is unreasonable

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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