아동ㆍ청소년의성보호에관한법률위반(준강간)등
The appeal is dismissed.
In the case indication of the judgment of the court below, the deletion of "Assault" shall be corrected.
The grounds for appeal are examined.
The argument that the judgment of the court below erred in the incomplete deliberation on the conditions of sentencing constitutes an unfair argument of sentencing.
According to Article 383 (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 declared, an appeal can be filed on the grounds of unfair sentencing.
Therefore, in this case where the defendant was sentenced to a more minor punishment, the argument that the above assertion or punishment is too unreasonable is not a legitimate ground for appeal.
The allegation that an appeal was filed to obtain an opportunity to agree with the victim is not a legitimate ground for appeal under Article 383 of the Criminal Procedure Act.
Therefore, the final appeal is dismissed pursuant to Article 380(2) of the Criminal Procedure Act. Since it is evident that there is any error in the indication of the name of the case among the judgment below, it is ex officio to revise it pursuant to Article 25(1) of the Rules on Criminal Procedure. It is so decided as per Disposition by the assent of all participating Justices.
December 7, 2018