beta
(영문) 대법원 2015.01.15 2014도15568

강제추행

Text

The appeal is dismissed.

Reasons

The grounds of appeal are examined.

1. Examining the evidence duly admitted by the first instance court, which maintained the reasoning of the lower judgment, in light of the evidence duly admitted by the lower court, the lower court’s judgment that found the Defendant guilty of the facts charged is justifiable, and contrary to what is alleged in the grounds of appeal, the lower court did not err by exceeding the bounds of the

In addition, under 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 permitted. As such, in this case where the defendant and the requester for medical treatment and custody and the requester for an attachment order (hereinafter “defendant”) are sentenced to a more minor sentence, the argument that the amount of punishment is unfair

2. As seen earlier, the lower court was justifiable to have convicted the Defendant of the charges of this case regarding the medical treatment and custody claim and the request for attachment order order, and thus, there is no error in the lower court’s measure ordering the Defendant to attach medical treatment and custody

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