아동ㆍ청소년의성보호에관한법률위반(강제추행)등
The appeal is dismissed.
We examine the grounds of appeal.
1. According to the record as to the Defendant’s case, the Defendant and the person against whom the attachment order was requested (hereinafter “Defendant”) appealed against the judgment of the court of first instance, and asserted mental or physical disability and mental disability along with the grounds for appeal, along with the grounds for appeal, and on the first trial of the court below, withdraw the grounds for appeal of mental or physical disability and left the grounds for appeal only as the grounds for appeal.
In such a case, the argument that the judgment of the court below has an error of mistake of fact as to mental illness is not a legitimate ground for appeal.
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 sentencing of the
2. As to the case for which the attachment order is requested, the argument that the period of attachment of an electronic device is to be shortened does not fall under any of the grounds of appeal under each subparagraph of Article 383 of the Criminal Procedure Act applied mutatis mutandis pursuant to Article 35 of the Act on Probation and Electronic Monitoring, Etc. of Specific Criminal Offenders
3. Therefore, the appeal is dismissed. It is so decided as per Disposition by the assent of all participating Justices on the bench.