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(영문) 대법원 2020.06.25 2016도6007

성폭력범죄의처벌등에관한특례법위반(공중밀집장소에서의추행)

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The appeal is dismissed.

Reasons

The grounds of appeal are examined.

The lower court found the Defendant guilty of the instant facts charged on the grounds indicated in its reasoning.

The judgment below

Examining the reasoning in light of the relevant legal principles and evidence duly admitted, the lower court did not err in its judgment by failing to exhaust all necessary deliberations and exceeding the bounds of the principle of free evaluation of evidence against logical and empirical rules.

In addition, the argument that the judgment of the court below contains an error of law such as incomplete deliberation on the grounds for sentencing and inconsistent reasoning constitutes an unfair sentencing argument.

However, 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 is imposed, an appeal on the grounds of unfair sentencing

In this case where a more minor sentence is imposed against the defendant, the argument that the punishment is too unreasonable is not a legitimate ground for appeal.

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