성폭력범죄의처벌등에관한특례법위반(공중밀집장소에서의추행)
The appeal is dismissed.
The grounds of appeal are examined.
The judgment below
Examining the evidence duly admitted by the first instance court, which maintained the reasoning of the judgment, the court below was just in finding the Defendant guilty of the facts charged of this case on the grounds as stated in its reasoning, and contrary to what is alleged 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 principles on the violation of the Act on
Meanwhile, the argument that the court below erred in violation of Article 51 of the Criminal Act by failing to exhaust all necessary deliberations on the conditions of sentencing constitutes the allegation of unfair sentencing.
According 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 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 sentencing of the punishment
Therefore, the appeal is dismissed. It is so decided as per Disposition by the assent of all participating Justices on the bench.