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(영문) 대법원 2013.12.12 2013도12235
강간치상등
Text

The appeal is dismissed.

Reasons

The grounds of appeal are examined.

The argument of misunderstanding of facts or incomplete deliberation concerning sentencing conditions in the grounds of appeal is ultimately the argument of unfair sentencing.

According to Article 383 subparagraph 4 of the Criminal Procedure Act, only in cases where death penalty, life imprisonment, or imprisonment with or without 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 against the defendant, the above assertion that the amount of punishment is unreasonable

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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