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(영문) 대법원 2019.01.17 2018도17903
성폭력범죄의처벌등에관한특례법위반(주거침입유사강간)등
Text

The appeal is dismissed.

Reasons

The grounds of appeal are examined.

The judgment below

Examining the reasoning in light of the relevant legal principles and the evidence duly admitted, the lower court is justifiable to have found the Defendant guilty of the instant facts charged on the grounds stated in its reasoning.

In so doing, contrary to the allegations in the grounds of appeal, there were no errors by exceeding the bounds of the principle of free evaluation of evidence in violation of logical and empirical rules, or by misapprehending the legal doctrine on the violation of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes.

Meanwhile, the argument that the defendant was in the mental or physical state at the time of committing each of the crimes in this case is not a legitimate ground for appeal since the defendant's assertion that the defendant was in the mental or physical state was not the ground for appeal or the court below did not have decided ex officio.

In addition, under 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 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 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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