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(영문) 대법원 2014.08.20 2014도7274
성폭력범죄의처벌등에관한특례법위반(절도강간등)등
Text

The appeal is dismissed.

Reasons

The grounds of appeal are examined.

According to the records, the defendant appealed against the judgment of the court of first instance and asserted only mental and physical disorder and unreasonable sentencing as the grounds for appeal.

In such a case, the argument that the lower court erred by mistake in determining the intention of indecent act by compulsion cannot be a legitimate ground for appeal.

In addition, examining the reasoning of the judgment below in light of the records, it is just for the court below to reject the defendant's assertion as to the mental and physical disorder on the grounds as stated in its reasoning, and there is no error of law by

On the other hand, the argument that the judgment of the court below is extremely unfair due to incomplete deliberation or omission of judgment on the conditions of sentencing is the argument of 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 is imposed, an appeal on the grounds of unfair sentencing is allowed. Thus, in this case where the defendant was sentenced to a more minor punishment, the argument that the amount of punishment

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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