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(영문) 대법원 2016.04.28 2016도1017

성폭력범죄의처벌등에관한특례법위반(특수강도강제추행)등

Text

All appeals are dismissed.

Reasons

The grounds of appeal are examined.

The judgment below

Examining the evidence duly adopted by the first instance court, the lower court’s determination that the Defendants guilty of violating the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes among the instant facts charged against the Defendants on the grounds stated in its reasoning is justifiable, and contrary to what is alleged in the grounds of appeal, the lower court did not err by misapprehending the bounds of the principle of free evaluation of evidence in violation of logical and empirical rules or by misapprehending the legal doctrine on forced indecent acts.

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 more than ten years is imposed, an appeal may be filed on the grounds of unfair sentencing. Thus, the argument that the determination of a sentence is unfair is not a legitimate ground for appeal in this case where a more minor sentence is imposed against the Defendants.

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