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(영문) 대법원 2020.09.24 2020도9000

성폭력범죄의처벌등에관한특례법위반(통신매체이용음란)등

Text

All appeals are dismissed.

Reasons

The grounds of appeal are examined.

1. According to Article 383 subparag. 4 of the Criminal Procedure Act, an appeal against a prosecuted case on the grounds of unfair sentencing is allowed only in cases where death penalty, life imprisonment, or imprisonment or imprisonment without prison labor for not less than ten

Defendant

In this case where the defendant and the defendant for medical treatment and custody (hereinafter referred to as the "defendant") are sentenced to a more minor punishment, the argument that the punishment is too unreasonable shall not be a legitimate ground for appeal.

2. The lower court upheld the first instance judgment ordering medical treatment and custody, on the grounds stated in its reasoning, on the grounds that the need for medical treatment and custody and the risk of recidivism is recognized.

The judgment below

Examining the reasoning in light of the relevant legal principles and records, the lower court did not err in its judgment by exceeding the bounds of the principle of free evaluation of evidence inconsistent with logical and empirical rules, or by misapprehending the legal doctrine on the necessity of medical treatment

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