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(영문) 대법원 2016.09.23 2016도11240
성폭력범죄의처벌등에관한특례법위반(주거침입강간등)
Text

The appeal is dismissed.

Reasons

The grounds of appeal are examined.

Examining the evidence duly adopted and examined by the lower court and the first instance court, the lower court was justifiable to have determined that all of the facts charged in the instant case was guilty on the grounds stated in its reasoning.

There is no error of law by exceeding the bounds of free evaluation of evidence against logical and empirical rules, or by misapprehending the legal principles on the presumption of innocence, the principle of trial of evidence, and the degree of probative value of evidence to be found guilty in a criminal trial.

In addition, according to Article 383 (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, a final appeal shall be allowed on the grounds of unfair sentencing.

In this case where a more minor punishment is imposed against the defendant, the argument that the amount of punishment is unfair 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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