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(영문) 대법원 2014.07.10 2014도6089
성폭력범죄의처벌등에관한특례법위반(장애인강간)등
Text

All appeals are dismissed.

Reasons

The grounds of appeal are examined.

1. According to the records of the accused case, the accused and the requester for medical treatment and custody (hereinafter “defendant”) appealed against the judgment of the first instance, and only asserted unreasonable sentencing as the grounds for appeal.

In such a case, the argument that the lower court erred in incomplete deliberation or misapprehension of legal principles with respect to the defectiveness is not a legitimate ground for appeal.

In addition, pursuant 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 more 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 on the defendant, the argument that the sentencing of the

2. As to the case of the request for attachment order and the case of medical treatment and custody application, in a case where the defendant files an appeal against the accused case, the appeal is deemed to have been filed regarding the case of the request for attachment order and the case of medical treatment and custody application, but the appellate brief does not contain any indication of grounds for appeal and the statement

3. Therefore, all appeals are dismissed. It is so decided as per Disposition by the assent of all participating Justices on the bench.

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