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(영문) 대법원 2014.04.10 2014도2451
강간상해등
Text

The appeal is dismissed.

Reasons

We examine the grounds of appeal.

In light of the evidence duly admitted by the court below, the court below is justified in finding the Defendant guilty of all the charges of this case on the grounds as stated in its reasoning.

In so doing, contrary to the allegations in the grounds of appeal, there is no error of law by misunderstanding facts in violation of logical and empirical rules.

Meanwhile, according to Article 383 subparag. 4 of the Criminal Procedure Act, an appeal on the ground of unfair sentencing may only be filed in cases where the court below rendered death penalty, imprisonment with or without prison labor for an indefinite term or for not less than ten years. Thus, in this case where the defendant was sentenced to a more minor punishment, the grounds for the imposition of punishment too unreasonable cannot

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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