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(영문) 대법원 2013.08.22 2013도7989

강제추행상해

Text

All appeals are dismissed.

Reasons

The grounds of appeal are examined.

1. Examining the reasoning of the lower judgment in light of the evidence duly admitted by the lower court, the lower court was justifiable to have found the Defendant guilty of the facts charged of the instant case on the grounds stated in its reasoning, and there was no error of misapprehending the legal principles of logic and experience or violating the principle of free evaluation of evidence.

In addition, under Article 383 subparagraph 4 of the Criminal Procedure Act, an appeal on the ground of unfair sentencing may be filed only when the court below rendered a death penalty, imprisonment with prison labor for life or for not less than ten years, and thus, in this case where the defendant and the person who requested an attachment order (hereinafter referred to as the "defendant") rendered a more minor sentence, the argument that the sentence is too unfair cannot be deemed a legitimate ground for appeal.

2. With respect to the case for which the request for attachment order is filed, if the defendant files an appeal against the case for which the request for attachment order is filed, the appeal shall be deemed filed.

However, there is no indication of the reason in the petition of appeal and there is no ground for appeal on this part.

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