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(영문) 대법원 2016.01.28 2015도18898
강간등
Text

The appeal is dismissed.

Reasons

The grounds of appeal are examined.

The judgment below

Examining the reasoning of the record in light of the records, there are special circumstances in which the court below shall not disclose personal information to the defendant.

It is reasonable to maintain the first instance judgment ordering the disclosure of information against the defendant for a period of three years, and there is no error in the misapprehension of legal principles as alleged in the grounds of appeal.

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 is imposed, an appeal is permitted for the wrongful grounds for sentencing. Thus, the argument that the amount of punishment is unfair is not a legitimate ground for appeal in this case where a more minor sentence is imposed against the defendant.

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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