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(영문) 대법원 2016.04.28 2016도3162

강제추행상해등

Text

The appeal is dismissed.

Reasons

The grounds of appeal are examined.

The judgment below

Upon examining the reasoning in light of the record, the court below is just in rejecting the defendant's assertion about the mental disorder on the grounds of its stated reasoning, and there is no error of misunderstanding of facts or misunderstanding of legal principles as to the mental disorder as

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.