준강제추행등
The appeal is dismissed.
The grounds of appeal are examined.
The judgment below
Examining the reasoning of the record in light of the record, the court below held that the defendant was not physically and mentally deprived or physically weak at the time of each crime of this case
The lower court did not err by failing to exhaust all necessary deliberations as alleged in the grounds of appeal, exceeding the bounds of the principle of free evaluation of evidence in violation of logical and empirical rules, or by misapprehending the legal doctrine on mental and physical disorder.
According to Article 383 subparagraph 4 of the Criminal Procedure Act, only the case on which death penalty, life imprisonment, or imprisonment with or without prison labor for not less than ten years has been pronounced, an appeal may be filed on the ground that the judgment of the court below has influenced the judgment by misunderstanding of
Therefore, in the instant case where a more minor sentence was imposed on the Defendant, the lower court’s determination on the choice of evidence and probative value, or the assertion disputing the factual recognition based on it, 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.