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(영문) 대법원 2015.08.27 2015도8254

성폭력범죄의처벌등에관한특례법위반(장애인강제추행)

Text

The appeal is dismissed.

Reasons

The grounds of appeal are examined.

The judgment below

Examining the evidence duly adopted by the court of first instance, the court below’s determination that the charge of this case was guilty on the grounds stated in its reasoning is just, and contrary to the allegations in the grounds of appeal, the court below did not err by exceeding the bounds of the principle of free evaluation of evidence against logical and empirical rules

In addition, the argument that the first instance court's decision to exclude a participatory trial is illegal is not a legitimate ground for appeal since the defendant asserts that it is not a ground for appeal or that the lower court's decision is not subject to a judgment ex officio.

Furthermore, even if examined, there is no error in the judgment of the first instance as alleged by the defendant.

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 allowed. Thus, in this case where a more minor sentence has been imposed on the defendant, the argument that the amount of punishment is unreasonable

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