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(영문) 대법원 2016.06.23 2016도5588
성폭력범죄의처벌등에관한특례법위반(특수준강간)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 by the lower court as to the grounds for appeal by Defendant A and Defendant C, the lower court was justifiable to have found Defendant A and Defendant C guilty of both violation of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (special quasi-rape) against Defendant A and Defendant C among the facts charged in the instant case 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

In addition, pursuant to Article 383 subparagraph 4 of the Criminal Procedure Act, only in cases where death penalty, life imprisonment, or imprisonment with or without prison labor for not less than ten years has been imposed, an appeal may be filed on the grounds of unfair sentencing. As such, the argument that the determination of punishment is unfair in this case where Defendant A and Defendant C have been sentenced to minor punishment is not a legitimate ground for appeal.

2. Examining the reasoning of the lower judgment on the grounds of Defendant B’s appeal in light of the evidence duly admitted by the lower court, the lower court’s determination that the lower court found Defendant B guilty of violating the Act on the Protection of Gender Equality and Juveniles against Defendant B among the facts charged in the instant case on the grounds stated in its reasoning is justifiable, and contrary to what is alleged in the grounds of appeal, the lower court did not err by exceeding the bounds of the principle

On the other hand, the argument that the sentencing of the court below is too inappropriate in light of the sentencing guidelines for sex crimes or that the judgment below erred in the deliberation of sentencing grounds constitutes an unfair argument for sentencing.

Accordingly, according to Article 383, Paragraph 4 of the Criminal Procedure Act, only in cases where death penalty, life imprisonment, or imprisonment with or without prison labor for not less than ten years is imposed, an appeal may be filed on the grounds of unfair sentencing. Therefore, Defendant B is more minor punishment.

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