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(영문) 대법원 2014.11.13 2014도11694
성폭력범죄의처벌등에관한특례법위반(13세미만미성년자강간등)등
Text

The appeal is dismissed.

Reasons

The grounds of appeal are examined.

The judgment below

In light of the records, the court below is just to have rejected the defendant's assertion about the mental disorder on the grounds of its stated reasoning, and it did not err by misapprehending the legal principles as to the mental disorder as alleged in the grounds of appeal.

In addition, the grounds of appeal purporting that the court below erred in violation of the rule of experience and the rules of evidence in determining the punishment against the defendant constitutes an 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

Other grounds of appeal by the defendant do not constitute legitimate grounds of appeal under Article 383 of the Criminal Procedure Act.

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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