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(영문) 대법원 2019.03.14 2019도106
성폭력범죄의처벌등에관한특례법위반(강간등상해)등
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, the lower court is justifiable to have found the Defendant guilty of violating the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes among the facts charged in the instant case and of confinement on the grounds stated in its reasoning. In so doing, contrary to what is alleged in the grounds of appeal, the lower court did not err by exceeding the bounds of the principle of free evaluation

In addition, the argument that the judgment of the court below erred in applying the sentencing guidelines is ultimately an argument of unfair sentencing.

However, under Article 383 subparag. 4 of the Criminal Procedure Act, only in cases where death penalty, life imprisonment, or imprisonment or imprisonment without prison labor for more than ten years is imposed, and an appeal on the grounds of unfair sentencing is permitted. Thus, in this case where the defendant and the person requesting probation order (hereinafter “defendant”) were sentenced to a more minor punishment, the argument that the above assertion and the punishment are too unreasonable cannot be a legitimate ground for appeal.

2. As long as the defendant files an appeal against a prosecuted case regarding a request for probation order, an appeal shall be deemed to have been filed regarding the case of request for probation order.

However, there is no statement of grounds for objection in the petition of appeal or the appellate brief.

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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