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(영문) 대법원 2014.12.24 2014도10346

아동ㆍ청소년의성보호에관한법률위반(강제추행)등

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All appeals are dismissed.

Reasons

The grounds of appeal are examined.

1. According to the records on the Defendant’s case, the Defendant and the respondent for an attachment order (hereinafter “Defendant”) appealed against the judgment of the first instance and asserted only mental and physical disorder and unreasonable sentencing as the grounds for appeal.

In such a case, the argument that the lower court erred by mistake or misunderstanding of legal principles cannot be a legitimate ground for appeal.

Although examining records, there is no error of law as alleged above in the judgment below.

Examining the record, the court below is just in rejecting the defendant's argument about the mental and physical disorder based on its stated reasoning, and there is no error in the misapprehension of legal principles as to the mental and physical disorder.

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

2. With respect to the case for which a request to attach an attachment order is filed, if the defendant files a final appeal regarding the case for which the request to attach an attachment order is deemed filed.

However, there is no entry of the reason in the petition of appeal and there is no entry of the reason for objection in the statement of appeal.

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