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(영문) 대법원 2019.11.28 2019도14344
강간치상등
Text

The appeal is dismissed.

Reasons

The grounds of appeal are examined.

Based on its stated reasoning, the lower court convicted all of the facts charged of the instant case.

Examining the relevant legal principles and evidence duly admitted, the lower court did not err in its judgment by exceeding the bounds of the principle of free evaluation of evidence in violation of logical and empirical rules, by misapprehending the legal doctrine on the establishment of a crime of injury resulting from rape and intimidation, and the exception to the admissibility of hearsay evidence.

According to 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

In this case where a more minor sentence is imposed against the defendant, the argument that the amount of punishment is unreasonable cannot be a legitimate ground for appeal.

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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